Agenda and minutes

The Chairperson welcomed everyone to the extraordinary meeting of the Council and went through some general housekeeping arrangements for the meeting.  He advised that he was suspending Procedure Rule 4(8)3 standing to address the Chairperson to all items on this except Agenda Item 15.

To appoint the Vice-Chairperson of the Maldon District Council for the ensuing municipal year.

It was proposed by Councillor W Stamp and seconded by Councillor A S Fluker that Councillor J C Stilts be elected as Vice-Chairperson of the Maldon District Council for the Municipal Year. 

Councillor S J N Morgan proposed that Councillor R Pratt be elected as Vice-Chairperson of the Maldon District Council for the ensuing Municipal Year.  This was duly seconded by Councillor R H Siddall.

In accordance with Procedure Rule No. 13 (3) Councillor W Stamp requested a recorded vote, this was duly seconded.  The Chairperson advised that Members would vote for each nominee individually, and the voting was as follows: 

For Councillor J C Stilts:

For:

Councillors A S Fluker, L J Haywood, M G Neall, W Stamp and J C Stilts.

Against:

Councillors M G Bassenger, D Bown, T Fittock, J C Hughes, N R Miller, S J N Morgan, R Pratt, N G F Shaughnessy, R H Siddall, E L Stephens and M E Thompson.

Abstention:

Councillors V J Bell, S J Burwood, J Driver, M F L Durham, K Jennings, K M H Lagan, A M Lay, N D Spenceley, P L Spenceley, N Swindle and S White.

For Councillor R Pratt:

For:

Councillors M G Bassenger, D Bown, M F L Durham, T Fittock, J C Hughes, A M Lay, N R Miller, S J N Morgan, R Pratt, N G F Shaughnessy, R H Siddall, E L Stephens and M E Thompson.

Against:

Councillors A S Fluker, L J Haywood, M G Neall, W Stamp and J C Stilts.

Abstention:

Councillors V J Bell, S J Burwood, J Driver, K Jennings, K M H Lagan, N D Spenceley, P L Spenceley, N Swindle and S White.

The Chairperson declared that Councillor R G Pratt was therefore elected as Vice-Chairperson of the Maldon District Council.

RESOLVED that Councillor R Pratt be elected as Vice-Chairperson of the Maldon District Council for the Municipal Year to May 2024.

Vice-Chairperson to make the Statutory Declaration of Acceptance of Office.

Councillor R G Pratt made the Statutory Declaration of Acceptance of the Office of Vice-Chairperson of the Council.

Apologies for absence were received from Councillors W J Laybourn, C P Morley, U G C Siddall-Norman and L L Wiffen.

The Council wished Councillor Siddall-Norman a speedy recovery following her recent illness.

To disclose the existence and nature ofany Disclosable Pecuniary Interests, Other Registrable interests andNon-Registrable Interestsrelating to itemsofbusiness onthe agenda having regard toparagraph 9 and AppendixB of theCode of Conduct forMembers.

(Membersare remindedthat they arealso required todisclose any suchinterests assoon as they become awareshould theneed arise throughout the meeting).

Councillor M F L Durham declared he had an interest in relation to Agenda Item 7 – Notice of Motions, specifically Motion 2 as he was the deputy Cabinet Member for Devolution, the Arts and Heritage at Essex County Council.  The Chairperson sought clarification from Councillor Durham regarding his interest and in response the Lead Legal Specialist and Monitoring Officer provided the Council with explanation of the three categories of interest.  Councillor Durham advised his declaration was an other registrable interest and following further advice from the Officer advised that he would leave the chamber for this item of business.

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.

There were none.

In accordance with notice duly given under Procedure Rule 4, Councillor A S Fluker to move the following Motions, duly seconded by Councillors W Stamp and J C Stilts.

Motion One:

That regardless of the paralysis of the Council the Local Development Plan Review Working Group meetings resume immediately and that all members are appointed to the Working Group.

Motion Two:

That regardless of the paralysis of the Council, Council agrees to form a Devolution Working Group, and that all members of Council are appointed to the Group whose first meeting will take place no later than 14 days of agreeing this motion.

Motion Three:

That the Director of Strategy Performance and Governance provides, without exception updates regarding Essex wide devolution to all future meetings of Council.

In accordance with Procedure Rule 4, the Chairperson informed the Council of the receipt of three Motions which had been duly proposed by Councillor A S Fluker and seconded by Councillors W Stamp and J C Stilts, as set out on the agenda.

Motion One:

Councillor Fluker read out Motion One (as detailed below) and provided additional background information regarding the Motion.

That regardless of the paralysis of the Council the Local Development Plan Review Working Group meetings resume immediately and that all members are appointed to the Working Group.

During the debate that followed Councillor Fluker raised a Point of Order in relation to Procedure Rule 4 clarifying that the Motion was about having an all Member Working Group and not the mechanics of the National Planning Policy Framework (NPPF).

It was noted that some Council’s had paused or delayed work on their Local Development Plan (LDP).  In response to a request for an update regarding the Council’s LDP, the Director of Strategy, Performance and Governance explained that following advice from the Council’s Planning Officers work on the LDP was continuing and the LDP could be adapted to accommodate any changes to the NPPF if required. 

Councillor Fluker then summarised his Motion and the Chairperson put the Motion to the Council.

In accordance with Procedure Rule No. 13 (3) Councillor W Stamp requested a recorded vote.  This was duly seconded, and the voting was as follows:

For the recommendation:

Councillors V J Bell, A S Fluker, L J Haywood, K M H Lagan, A M Lay, M G Neall, W Stamp, J C Stilts and S White.

Against the recommendation:

Councillors M G Bassenger, D Bown, M F L Durham, T Fittock, J C Hughes, N R Miller, S J N Morgan, R G Pratt, R H Siddall, E L Stephens and M E Thompson.

Abstention:

Councillors S J Burwood, J Driver, K Jennings, N G F Shaughnessy, N D Spenceley, P L Spenceley and N Swindle.

The Chairperson declared that this Motion was therefore lost.

Following his earlier declaration Councillor M F L Durham left the chamber at this point.

Motion Two:

Councillor Fluker read out Motion Two (as detailed below) and provided additional background information regarding the Motion.

That regardless of the paralysis of the Council, Council agrees to form a Devolution Working Group, and that all members of Council are appointed to the Group whose first meeting will take place no later than 14 days of agreeing this motion.

The Director of Strategy, Performance and Governance highlighted the briefings that had previously been arranged for all Members across the County and that Members had been informed when Essex County, Southend and Thurrock Councils submitted their expressions of interest along with the Government White paper (all of which were available online).  He outlined the safeguards contained within the white paper regarding devolution which was from the Government to those upper tiered authorities.  The Combined Authority would be formed under a level three deal and made up of  ...  view the full minutes text for item 47.

There were none.

(i)              To consider the report of the Director of Strategy, Performance and Governance on the Leaders and composition of each political group (copy to follow).

(ii)             That the Council considers ratification of the Leader-designate as Leader of the Council.

(iii)            That the Council elects the Deputy Leader of the Council.

The Council considered the report of the Director of Strategy, Performance and Governance, tabled at the meeting.  As required by the Local Government and Housing Act 1989, the Programmes, Performance and Governance Manager had been notified that the composition of the political Groups of the Council were as follows:

It was noted that Councillors V J Bell, A M Lay, U G C Siddall-Norman and S White were not part of a Political Group.

In accordance with the Council’s Constitution, it was noted that Councillor S J N Morgan was therefore recognised as Leader-designate. 

The Chairperson moved recommendation (ii) as set out in the report, to consider the ratification of the Leader designate as Leader of the Council.  At this point, Councillor Morgan advised that he wished to resign as Leader designate and not put himself forward for the position as Leader of the Council. 

The Chairperson then called for nominations for the position of Leader of the Council.  Nominations, duly seconded, were received for Councillor S White and Councillor R H Siddall.

In accordance with Procedure Rule No. 13 (3) Councillor W Stamp requested a recorded vote, which was duly seconded. 

There being no other nominations the Chairperson advised that Members would vote for each nominated Member individually. The voting was as follows:

Voting for Councillor S White:

For the recommendation:

Councillors A S Fluker, K M H Lagan, M G Neall, W Stamp, J C Stilts and S White.

Against the recommendation:

Councillors M G Bassenger, V J Bell, S J Burwood, J Driver, J C Hughes, K Jennings, A M Lay, N G F Shaughnessy, R H Siddall, N Spenceley, P L Spenceley, E L Stephens, N Swindle and M E Thompson.

Abstention:

Councillors D Bown, M F L Durham, T Fittock, L J Haywood, N R Miller, S J N Morgan and R Pratt.

Voting for Councillor R H Siddall:

For the recommendation:

Councillors M G Bassenger, V J Bell, S J Burwood, J Driver, T Fittock, J C Hughes, K Jennings, A M Lay, N G F Shaughnessy, R H Siddall, N Spenceley, P L Spenceley, E L Stephens and N Swindle.

Against the recommendation:

Councillors A S Fluker, L J Haywood, K M H Lagan, M G Neall, W Stamp, J C Stilts and S White.

Abstention:

Councillors D Bown, M F L Durham,  ...  view the full minutes text for item 49.

RESOLVED that the meeting be adjourned at 8:24pm to allow the Chairperson to speak to the Lead Legal Specialist and Monitoring Officer regarding Councillor A S Fluker’s R H Siddall’s[1] proposal.

RESOLVED that the meeting of the Council resumes at 8:32pm.

In response to the Point of Order from the Leader of the Council, the Chairperson advised that following consultation with the Lead Legal Specialist and Monitoring Officer, this was not a Point of Order.  However, he advised that a written Motion could be submitted to the next Council meeting.  Councillor A S Fluker raised a further Point of Order relating to Procedure Rule 4 advising that he had submitted a Motion and looked forward to debating it at the July Council meeting.

The Chairperson advised that therefore the Leader of the Opposition would be jointly held by Councillor J C Stilts (District Support Group) and Councillor J Driver (Liberal Democrat Group).

To appoint Members to serve on Committees, as required by Procedure Rule 15.  (Report of the Director of Strategy, Performance and Governance on the nominations from the Leaders of all Groups to the places allocated to their respective Groups, copy to follow.)

The Council considered the report of the Director of Strategy, Performance and Governance, circulated prior to the meeting, to appoint serving Members to Committees for the Municipal year to May 2024.

At this point the Chairperson advised that Membership of the Appointments Board would be considered following the appointment of Committee Chairpersons and Vice-Chairpersons.

The Chairperson moved recommendation (i).  It was noted that in error the table at paragraph 3.3 of the report did not list the constitution of the Maldon District Independent Group.  The Director of Strategy, Performance and Governance clarified notification had been received in accordance with requirements and the constitution of this Group was as follows:

The Chairperson then put recommendation (i) to the Council, and this was duly agreed.

Councillor W Stamp referred to the Joint Standards Committee (JSC) and a Motion put by Councillor R H Siddall in 2020.  She proposed that appointment of Members to the JSC be deferred so that new Members could understand the 2020 Motion.  In response Councillor Siddall advised that his Motion was only for that year.  In response the Chairperson advised that he would defer appointment to the JSC to gain clarity in respect of the 2020 Motion.  This was duly seconded.

The Chairperson then moved recommendation (ii) that the Member nominations as set out in Appendix A, with the exception of the JSC be agreed and this was duly agreed.

The Chairperson then drew Members’ attention to recommendation (iii) in the report and advised that there were a number of Committees where the Council would need to nominate and appoint a non-aligned Councillor to.

The Leader of the Council, Councillor R H Siddall proposed the following nominations which was duly seconded:

In response to a query regarding the nomination to the Overview and Scrutiny Committee, the Leader of the Council withdrew his nomination.  It was agreed that the appointment of a non-aligned Member to this Committee would be deferred to the next Council meeting.

The above nominations with the exception of the Overview and Scrutiny Committee were then agreed.

RESOLVED that the meeting be adjourned at 8:47pm to allow the Chairperson to seek advice from the Monitoring Officer.

RESOLVED that the meeting of the Council resumes at 8:53pm.

The Leader of the Council continued with his nominations of non-aligned Members to the following Committees, which were duly seconded:

These nominations were duly agreed.

Moving onto the Joint Standards Committee (JSC) the Chairperson advised that the earlier deferral related to District Councillors, but the Council needed to appoint the two Parish / Town Councillors.  The following nominations were made and duly seconded:

·                Councillor Steven Bardwell

·                Councillor Peter Allen Davey

·                Councillor Michael John Hall

·                Councillor Lester Magness

·                Councillor Stephen Stratton

In response to a query regarding the voting procedure the Lead Legal Specialist and Monitoring Officer advised the Council that Procedure Rules 6 and 13 set out the procedure for voting on this particular matter.  He clarified that should Members not wish to vote they could abstain.

Following the first round of voting the Chairperson declared that Councillors Bardwell, Davey and Magness, having the least number of votes, would be struck off the list.  A fresh vote was then taken for the remaining Councillors (Councillors Hall and Stratton), following which the Chairperson reported that Councillor Stratton was appointed.  Following the second round of voting that took place (for Councillors Bardwell, Davey, Hall and Magness) the Chairperson declared that Councillor Davey was appointed as the second Parish Councillor on the JSC.

The Chairperson then moved recommendation (iv) as set out in the report and this was duly agreed.

RESOLVED

(i)             that the allocation of seats on Committees as set out in Section 3.6 of the report be ratified;

(ii)            that accordingly, the membership of the Committees of the Council as set out below be agreed:

To adjourn the meeting to allow Committees of the Council and the Area Planning Committees to proceed to elect Chairperson and Vice-Chairperson.

Special Meeting of the Performance, Governance and Audit Committee

(a)        To elect a Chairperson of the Committee for the ensuing Municipal Year

(b)        To appoint a Vice-Chairperson of the Committee for the ensuing Municipal Year

To be followed by:-

Special Meeting of the Strategy and Resources Committee

(a)        To elect a Chairperson of the Committee for the ensuing Municipal Year

(b)        To appoint a Vice-Chairperson of the Committee for the ensuing Municipal Year

To be followed by:-

Special Meeting of the Licensing Committee

(a)        To elect a Chairperson of the Committee for the ensuing Municipal Year

(b)        To appoint a Vice-Chairperson of the Committee for the ensuing Municipal Year

To be followed by:-

Special Meeting of the Overview and Scrutiny Committee

(a)        To elect a Chairperson of the Committee for the ensuing Municipal Year

(b)        To appoint a Vice-Chairperson of the Committee for the ensuing Municipal Year

To be followed by:-

Special Meeting of the Joint Standards Committee

(a)        To elect a Chairperson of the Committee for the ensuing Municipal Year

(b)        To appoint a Vice-Chairperson of the Committee for the ensuing Municipal Year

To be followed by:-

Special Meeting of the Investigating and Disciplinary Committee

(a)        To elect a Chairperson of the Committee for the ensuing Municipal Year

(b)        To appoint a Vice-Chairperson of the Committee for the ensuing Municipal Year

*To be followed by:-

Special Meeting of the District Planning Committee

(a)        To elect a Chairperson of the Committee for the ensuing Municipal Year

(b)        To appoint a Vice-Chairperson of the Committee for the ensuing Municipal Year

To be followed by:-

Special Meeting of the Central Area Planning Committee

(a)        To elect a Chairperson of the Committee for the ensuing Municipal Year

(b)        To appoint a Vice-Chairperson of the Committee for the ensuing Municipal Year

To be followed by:-

Special Meeting of the North Western Area Planning Committee

(a)        To elect a Chairperson of the Committee for the ensuing Municipal Year

(b)        To appoint a Vice-Chairperson of the Committee for the ensuing Municipal Year

To be followed by:-

Special Meeting of the South Eastern Area Planning Committee

(a)        To elect a Chairperson of the Committee for the ensuing Municipal Year

(b)        To appoint a Vice-Chairperson of the Committee for the ensuing Municipal Year

RESOLVED that the meeting be adjourned at 9:16pm to allow special meetings of Committees to be held as follows:

Performance, Governance and Audit Committee, Strategy and Resources Committee, Overview and Scrutiny Committee (including Overview and Scrutiny Committee acting as the Crime and Disorder Committee), Investigating and Disciplinary Committee, Licensing Committee, District Planning Committee, Central Area Planning Committee, North Western Area Planning Committee and South Eastern Area Planning Committee.

To continue with the business of the Statutory Annual Meeting of the Council.

RESOLVED that the meeting of the Council resumes at 9:35pm.

To appoint Members to serve on the Appointments Committee, as required by Procedure Rule 15.  (Please see Agenda Item 10 for report of the Director of Strategy, Performance and Governance on the nominations from the Leaders of all Groups to the places allocated to their respective Groups.)

The Chairperson advised that the Council would not be appointing Members to the Appointments Board at this time and this would be deferred to the next meeting of the Council.

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

The Council considered the report of the Director of Strategy, Performance and Governance, circulated prior to the meeting, seeking Members’ consideration of the appointment of representatives to serve on Local Government and Outside Bodies for the ensuing municipal year.

The Chairperson put the three recommendations set out in the report to the Council.

Councillor J Driver, Leader of the Liberal Democrat Group, advised that for the Maldon Tourism Board the substitute should be Councillor K Jennings and not Councillor N R Miller as detailed.  This amendment was duly seconded.

The Chairperson moved the recommendations subject to the amendment detailed above and upon a vote being taken this was agreed.

RESOLVED

(i)             That the appointment of representatives to Local Government and Outside Bodies, as detailed in APPENDIX 1 nominated by the respective Political Groups, be agreed for the Municipal Year to May 2024;

(ii)            That Members appointed as representatives to Local Government and Outside Bodies are responsible for sharing minutes of meetings attended, to be stored centrally on the Modern.Gov library as per the details in section 3.3 of the report.

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

The Council considered the report of the Director of Strategy, Performance and Governance, circulated prior to the meeting, seeking Members’ agreement to appoint Members to serve on Working Groups of the Council for the municipal year.

In response to a question regarding membership of the Devolution Working Group (DWG), Councillor K M H Lagan advised that he wishes to step down from this Working Group.  Councillor J C Stilts nominated Councillor A S Fluker be appointed to the DWG taking the place vacated by Councillor Lagan.  This was duly seconded and agreed.

Councillor Fluker proposed that the quorum of Working Groups be changed to refer to a specific number, he suggested three Members.  Councillor M E Thompson seconded the proposal advising she agreed with the suggested quorum of three members.  The Chairperson put this to the Council, and this was duly agreed.

The Chairperson then moved the recommendations as set out in the report, subject to the above amendment, and these were duly agreed.

RESOLVED

(i)             that the appointments to the Working Groups as set out APPENDIX 2 to these Minutes be confirmed;

(ii)            That Members appointed as the Chairperson of a Working Group will provide a leadership role, and present back Working Group recommendations to Committee / the Council;

(iii)           That a quorum for Working Groups be set to three Members;

(iv)           That substitutes for Working Groups are allowed, including non-aligned Members (who must notify directly) as the Working Groups do not need to be politically balanced;

(v)            That the make-up of the Member Training and Development Working Group is changed to eight members of the Council, as reflected in the Political Group nominations as set out in Appendix 1 to the report.

Councillor P L Spenceley asked the Leader of the Council for clarify on the way forward for Heybridge Flood Alleviation Reference Group as this was not detailed in the papers discussed earlier by the Council.  The Leader of the Council agreed that this was an important matter for Heybridge and should be brought back to the Council.  He suggested that a Working Group may be considered which could liaise with partners (particularly those that implement such schemes) and lobby parliament.  The Leader commented that this issue was wider than just Heybridge as it also affected the Dengie and it would therefore be beneficial for the Council to have focus on this matter.

Having provided some detail regarding budget shortfalls relating to the 2023 / 24 budget, Councillor A S Fluker asked the Leader of the Council why he had voted to support the 2023 / 24 budget and Medium-Term Financial Strategy.  He also asked why the Leader had not supported the Motion to the Council in 2022 for an Autumn budget which he felt would have improved the financial position of the Council.  In response to the Leader of the Council agreed that future of the Council was important and how the Council still had £5m of reserves.  However, if the Council did not look at how it allocated monies it would drop below reserves in the next few years.  The Council needed ensure its Strategy reflected how expenditure and services were agreed.  The Leader referred to the awaited Local Government Association (LGA) finance review and how the Council would look at how it shared services with other Local Authorities.  He hoped in the future the Finance Working Group would change to a Finance Board with representatives from across all Groups.

Councillor W Stamp advised that a resident had requested that she ask the Leader of the Council if he had any intention of joining the Conservative Party and leaving the Maldon District Independent Group.  The Leader of the Council responded that he was elected as a Conservative Member and then became Independent.  He had no intention of joining the Conservatives.  The key was to ensure that all Members worked together at this Council with a focus on the District and its residents.  The Leader advised he was looking forward to working with all Political Groups and non-aligned Members to ensure the Council delivered for this District.

Councillor J C Stilts referred to the Leaders’ statement (scheduled to be given at the July meeting of the Council) and asked if the Leader of the Council would share his statement with the Leaders of the other parties beforehand.  In response the Leader confirmed that his statement would be shared, and he referred to not[1] being in a coalition but working informally with other political Groups to ensure the Council was administered in the right way.  The Leader advised he would not be making any statement without the approval of the other Groups that they were working with.