Agenda and minutes

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

Apologies for absence were received from Councillors D O Bown, W J Laybourn, C P Morley, N G F Shaughnessy, W Stamp, S White and L L Wiffen.

To confirm the Minutes of the Council meeting held on 14 December 2023 (copy enclosed).

RESOLVED that the Minutes of the meeting of the Council held on 14 December 2023 be approved and confirmed.

To disclose the existence and nature of any Disclosable Pecuniary Interests, Other Registrable interests and Non-Registrable Interests relating to items of business on the agenda having regard to paragraph 9 and Appendix B 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).

There were none.

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 Chairperson informed the Council that he was suspending Procedure Rule 4(8)3 standing to address the Chairperson.

The Chairperson advised of the recent passing of Berna Casey, one of the committee clerks.  Everyone present then stood in silent memory of Berna.

Member Scrutiny Request – Maldon Citizens’ Advice

Recommended that the findings of this scrutiny, as detailed in the briefing paper at APPENDIX A, be endorsed.

The Council considered the following recommendation coming forward from the Overview and Scrutiny Committee for consideration.

Member Scrutiny Request – Maldon Citizens’ Advice

Councillor S J Morgan, Chairperson of the Overview and Scrutiny Committee proposed that the recommendation be accepted, this was duly seconded and agreed.

RESOLVED that the findings of the Maldon Citizens’ Advice scrutiny, as detailed in the briefing paper at Appendix A to the Council Agenda, be endorsed.

Council Tax Support Scheme 2024 / 25

RECOMMENDED

(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 (LCTS) Scheme for 2024 / 25 for Pensioners only;

b.         that any legislative changes being introduced to the Housing Benefit Scheme, for 2024 / 25 are mirrored in the Council’s 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 and that we may disregard anything determined to be a local welfare payment from our calculation;

(ii)        that these decisions have been made following Members careful reading of and regard to the Equality Impact Assessment at APPENDIX 1;

(iii)       that Members note the unchanged framework for the Hardship Provision at APPENDIX 2;

(iv)       that the Policy document at APPENDIX 3 be approved;

(v)        that the Policy document at APPENDIX 4 be approved.

Business Rate and Council Tax Discretionary Policies

RECOMMENDED

(i)         That the proposed Discretionary Non-Domestic Rate Relief Scheme at APPENDIX 5 be approved.

(ii)        That the proposed Empty Homes and Second Homes Premium Policy at APPENDIX 6 be approved.

Please note that the following recommendations coming forward from the Strategy and Resources Committee are not for consideration at this point as they form part of Agenda Item 9 – 2024 / 25 Budget and Medium-Term Financial Strategy, due to be considered at this meeting:

·                  Treasury Management Strategy 2024 / 25;

·                  Capital and Investment Strategies for 2024 / 25 and Minimum Revenue Statement 2024 / 25;

·                  2023 / 24 Revised and Original 2024 / 25 Budget Estimates;

·                  Medium-Term Financial Strategy 2024 / 25 – 2026 / 27;

·                  Income and Savings Proposals 2024 / 25 to 2026 / 27.

The Council considered the following recommendations coming forward from the Strategy and Resources Committee for consideration.

Council Tax Support Scheme 2024 / 25

Councillor M F L Durham, Chairperson of the Strategy and Resources Committee proposed that the recommendation be accepted, this was duly seconded and agreed.

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 (LCTS) Scheme for 2024 / 25 for Pensioners only;

b.    that any legislative changes being introduced to the Housing Benefit Scheme, for 2024 / 25 are mirrored in the Council’s 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 and that we may disregard anything determined to be a local welfare payment from our calculation;

(ii)        that these decisions have been made following Members careful reading of and regard to the Equality Impact Assessment at Appendix 1 to the report considered by the Strategy and Resources Committee;

(iii)       that Members note the unchanged framework for the Hardship Provision at Appendix 2 to the report considered by the Strategy and Resources Committee;

(iv)       that the Policy document at Appendix 3 to the report considered by the Strategy and Resources Committeebe approved;

(v)        that the Policy document at Appendix 4 to the report considered by the Strategy and Resources Committeebe approved.

Business Rate and Council Tax Discretionary Policies

Councillor Durham then proposed that the recommendation be accepted, this was duly seconded and agreed.

RESOLVED

(i)         That the proposed Discretionary Non-Domestic Rate Relief Scheme at Appendix 1 to the report considered by the Strategy and Resources Committee be approved.

(ii)        That the proposed Empty Homes and Second Homes Premium Policy at Appendix 2 to the report considered by the Strategy and Resources Committee be approved.

Members were reminded that the following recommendations coming forward from this Committee were not for consideration at this point as they formed part of the following Agenda Items:

·                  9 – 2024 / 25 Budget and Medium-Term Financial Strategy:

·                 Treasury Management 2024 / 25.

·                  Capital and Investment Strategies for 2024 / 25 and Minimum Reserve Statement 2024 / 25;

·                  2023 / 24 Revised and Original 2024 / 25 Budget Estimates;

·                  Medium-Term Financial Strategy 2024 / 25 – 2026 / 27;

·                  15 - Income and Savings Proposals 2024 / 25 to 2026 / 27

Pay Policy Statement

RECOMMENDED that the Pay Policy Statement attached at APPENDIX 1 be agreed.

The Council considered the following recommendations coming forward from the Strategy and Resources Committee for consideration.

Pay Policy Statement

Councillor M F L Durham, Chairperson of the Strategy and Resources Committee proposed that the recommendation be accepted, this was duly seconded and agreed.

RESOLVED that the Pay Policy Statement attached at Appendix 1 to the report considered by the Strategy and Resources Committee be approved.

To note that since the last Council, up until Wednesday 7 February 2024 (Council agenda dispatch) the following Committees have met, and to receive any questions in accordance with Council and Committee Procedure Rule 6 (2).

The Council noted the list of Committees that had met before and since the last meeting of the Council, up until Wednesday 7 February 2024 for which Minutes had been published.

The Chairperson advised that in accordance with Procedure Rule 1(4)a he was varying the order of business and moving Agenda Item 15 – Income and Savings Proposals 2024 / 25 to 2026 / 27 up the agenda, to be considered next as this directly related to the 2024 / 25 Budget at Agenda Item 9. 

The Chairperson advised that as Item 15 was private and confidential the Council would need to exclude the public and press from the discussions and following consideration of this item the meeting would resume in open session.  This was duly agreed.

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

To consider the report of the Interim Chief Finance Officer (copy enclosed).

The Committee considered the report of the Interim Chief Finance Officer presenting Members with income and savings options to address budget matters in 2024 / 25 and beyond.

The report provided an update in respect of the Medium-Term Financial Strategy (MTFS) and budget gap for future years.  Following agreement of the Finance Peer Review Action Plan by the Council in July 2023, the Finance Member Group (FMG) had met several times to consider options available to the Council to achieve its stated ambition of setting a balanced budget for 2024 / 25 and a sustainable MTFS.

The report set out a number of options to close the residual budget gap and Appendix 1 to the report detailed these savings, showing their Red, Amber, Green rating in terms of deliverability and impact. 

It was noted that the Strategy and Resources Committee had considered this report at its meeting on 25 January 2024 and recommended that the exception of numbers 4 and 5 as detailed in Appendix 1 the remaining savings identified be supported.

The Leader of the Council presented the report and proposed that the recommendation set out within it be agreed.  This proposal was duly seconded.

Following some discussion the Chairperson moved the proposal and this was duly agreed by assent.

RESOLVED that with the exception of numbers 4 and 5, the individual income and savings options as set out in Appendix 1 to the report, be approved to allow a balanced budget to be set out in 2024 / 25, without the need to draw on General Balances.

RESOLVED that the meeting resumes in open session at 7:49pm.

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.

The Council considered the reports of the Interim Chief Finance Officer (Section 151 Officer), on the recommendations of the Strategy and Resources Committee at its meeting on 25 January 2024 relating to the revenue budget and the proposed level of Council for 2024 / 25.

The Leader of the Council made a budget speech (attached at APPENDIX 1 to these Minutes), during which he thanked the Interim Chief Finance Officer and her team for their hard work and ended commending the budget for 2024 / 25 to the Council.  This proposal was duly seconded.

The Interim Chief Finance Officer provided a brief summary of the reports highlighting each of the appendices contained within Agenda Item 9d – 2024 / 25 Revised and 2024 / 25 Original Budget Estimates as well as:

·              Member engagement that had taken place;

·              Capital and Investment Strategy and the Minimum Revenue Provision (MRP) along with details of Capital Bids;

·              Treasury Management Strategy;

·              Council Tax for 2024 / 25 and the proposed 2.98% increase equating to £6.52 a year for a band D property.

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

Members were advised and noted that under agenda item 9d Revised 23-24 and Original 24-25 Budget Estimates recommendation b should refer to the year 2024 / 25.

In accordance with Procedure Rule 1(13)a, each of the Opposition Leaders responded to the budget speech.

Councillor S J Morgan, Leader of the Conservative Group, referred to the budget having been put together by the four political groups working together as part of the Finance Working Group.  He commended Councillors M F L Durham and A Fittock for their chairing of the Working Group and thanked the Section 151 Officer and other officers for their work on the budget.

Councillor J C Stilts, Leader of the District Support Group, thanked the Section 151 Officer for her presentation and agreed that the budget had been formed by all political groups working together.  She highlighted the various elements that had resulted in a reduction to the initial budget gap reported and how cuts in funding by central government along with rising costs of services and inflation would add pressure to the budget in future years.  The District Support Group requested that a cost versus income analysis was carried out as a matter of urgency and the Council should look at neighbouring Council initiatives to work with partners and start reducing costs.  She advised that her Group supported the principle of the budget but requested that a full review of the financial implications or providing non-statutory and discretionary services along with the cost of delivering and executing the corporate plan be undertaken and reported to the Council as a matter of urgency.

Councillor J Driver, Leader of the Liberal Democrat Group, also referred to the work of the Finance Working Group and the scrutiny of the budget by all political groups.  He thanked Officers for they work they had done to identify budget savings whilst  ...  view the full minutes text for item 494.

RESOLVED

(i)                that the Treasury Management Strategy 2024 / 25 (attached as Appendix 1 to the report) be approved.

RESOLVED

(ii)              that the 2024 / 25 Capital Strategy (attached as Appendix 1 to the report);

(iii)             that the 2024 / 25 Capital Project Bids (Appendix 2 to the report);

(iv)             that the 2024 / 25 Investment Strategy (Appendix 3 to the report);

(v)              that the 2024 / 25 Minimum Revenue Provision Statement (Appendix 4 to the report).

RESOLVED

(vi)       That the updated MTFS for 2024 / 25 to 2026 / 27 at Appendix 1 to the report be approved.

The Chairperson moved the recommendations set out agenda item 9d and in accordance with earlier notification the voting was as follows:

For the recommendation:

Councillors M G Bassenger, V J Bell, S J Burwood, J Driver, M F L Durham, A Fittock, L J Haywood, J C Hughes, K Jennings, K M H Lagan, A M Lay, M R Miller, S J N Morgan, M G Neall, R G Pratt, R H Siddall, U G C Siddall-Norman, N D Spenceley, P L Spenceley, E L Stephens, J C Stilts, N J Swindle and M E Thompson.

Against the recommendation:

Councillor A S Fluker.

Abstain: None.

The Chairperson declared that these recommendations were therefore agreed.

RESOLVED

(vii)           that the Revised 2023 / 24 and Original 2024 / 25 General Fund Revenue Budget Estimates (attached as Appendices 1 – 3 to the report) be approved;

(viii)          that an average Band D council tax of £225.27 (excluding parish precepts) (£6.52 increase) for 2024 / 25 (attached at Appendix 1), be agreed;

(ix)             that policies on the designated use of financial reserves (as set out in Appendix 4),

(x)              that the Council maintains the current policy of a minimum general fund balance of £2,600,000.

(xi)             that the Council gives due regard to the Interim Chief Finance Officer (Section 151 Officer) statement on the robustness of budgets and adequacy of reserves in set out in Appendix 5.

The Chairperson moved the recommendations set out agenda item 9e and in accordance with earlier notification the voting was as follows:

For the recommendation:

Councillors M G Bassenger, V J Bell, S J Burwood, J Driver, M F L Durham, A Fittock, A S Fluker, T Fittock, L J Haywood, J C Hughes, K Jennings, K M H Lagan, A M Lay, M R Miller, S J N Morgan, M G Neall, R G Pratt, R H Siddall, U G C Siddall-Norman, N D Spenceley, P L Spenceley, E L Stephens, J C Stilts, N J Swindle and M E Thompson.

Against the recommendation: None.

Abstain: None.

The Chairperson declared that these recommendations were therefore agreed.

RESOLVED

(xii)           that Maldon District Council’s Council Tax Requirement for 2024 / 25 is set at £5,947,173;

(xiii)          that the Maldon District Council’s Band D Council Tax (excluding Parish precepts) is set at £225.27, reflecting an increase of £6.52 (2.98%), all other bands being determined in accordance with the relevant Sections of the Local Government Finance Act 1992, as amended;

(xiv)         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;

(xv)           that the Council calculates its Council Tax Base for the year 2024 / 25 as follows:

(a)      for the whole district as 26,400.2 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:

1.                Calculate that the Council Tax Requirement for the Council’s own purposes for 2024/25 (excluding Parish precepts) is £5,947,173.

2.                That the following amounts be calculated by the Council for the year 2023 / 24 in accordance with new Sections 31 to 36 of the Act as amended:

(a)        £31,527,937   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)        £23,788,461   being the aggregate of the amounts which the Council estimates  ...  view the full minutes text for item 494e

There were none.

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

The Council considered the report of the Director of Strategy and Resources seeking approval to grant delegated authority to the Council’s Returning Officer to decide on an alternative polling station at the forthcoming elections in May 2024, in the event of any designated venues not being available for use.  The report also sought approval to change the location for a polling station in Burnham-on-Crouch (North) Ward.

It was noted that Ormiston Rivers Academy had been previously used as the Polling Station for the Burnham-on-Crouch (North) Ward.  However, it was requested that for future elections this be moved to Burnham-on-Crouch Village Hall as it was felt this venue better suited for both staff working at the polling station and electors.

The Chairperson moved the recommendations as set out in the report and upon a vote being taken these were agreed.

RESOLVED

(i)                That for the elections to be held on 2 May 2024, the Council delegates authority to the Returning Officer to decide on suitable alternative venues, should any designated polling stations become unavailable.

(ii)              That the Burnham-on-Crouch Village Hall be used as the Polling Station for the Burnham-on-Crouch (North) Ward.

To receive a verbal update on Essex Wide Devolution.

The Director of Strategy and Resources provided a verbal update on the Essex Wide Devolution.  He referred to a letter circulated by the Leader of the Council on 1 February 2024 from the three upper tier authorities in relation to the latest position regarding devolution.  The letter stated that due to reservations amongst some Members of Parliament (MPs) regarding establishing a combined County Authority for Greater Essex no agreement on a tier 2 level deal had been reached.  The Government had since written to upper tier authorities confirming that effectively the bid had timed out in terms of reaching an agreement and there was not enough time left within this parliament for an agreement (if reached) to be approved.  The Director advised that for this reason devolution work had been paused until after the election and this would be his final update until such time as anything changed.

Some discussion followed, and questions raised about why the MPs had not supported devolution.  In response the Director advised that he was unable to comment because the detail of the MP meetings had not been released.  At this point, Councillor M F L Durham also provided additional information in relation to devolution bids.

The Chairperson thanked the Director of Strategy and Resources for his update. 

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 items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 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 item of business on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 3 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

To consider the report of the Monitoring Officer, (copy enclosed).

The Council considered the report of the Monitoring Officer seeking Members’ consideration of a recommendation coming forward from the Working Group (Appendix 1 to the report) established by the Council to consider the four recommendations set out in the Review report provided by the East of England Local Government Association, commissioned by the Leader of the Council, regarding the Tier 1 Leadership of the Council (Appendix 2).

The report provided background information in relation to the Review (Appendix 2) that had been undertaken and the recommendations set out within it.  Following consideration of this report by the Council at its meeting on 14 December 2023 a Working Group was established

Following a presentation of the report by the Leader of the Council, a lengthy debate ensued during which Members discussed the options set out in the Appendix and the risks to the Council. 

In response to questions regarding the potential savings from the options the Interim Chief Finance Officer, Lead Specialist: Legal and Lead Specialist: HR provided Members with additional information and clarification. 

In accordance with Procedure Rule No. 13 (3) Councillor S J N Morgan requested a recorded vote. 

The Leader of the Council clarified that recommendation (i) sought the Council’s in principle agreement to start the consultation process and the matter would be brought back to the Council at a later date.  He proposed that in respect of recommendation (i) model 3 (as recommended by the Working Group and set out in Appendix 1) be agreed along with recommendations (ii) to (iv).  This was duly seconded.

The Chairperson then moved the proposal in the name of the Leader that an ‘in principle’ decision was made on model 3 set out in Appendix 1 to the report.  A vote was taken and the results were as follows:

For the recommendation:

Councillors M G Bassenger, V J Bell, S J Burwood, J Driver, A Fittock, A S Fluker, L J Haywood, J C Hughes, K Jennings, K M H Lagan, A M Lay, M G Neall, R H Siddall, U G C Siddall-Norman, N D Spenceley, P L Spenceley, E L Stephens, J C Stilts and N J Swindle.

Against the recommendation:

Councillors M F L Durham, N R Miller, S J N Morgan, R G Pratt and M E Thompson.

Abstain: None.

The Chairperson declared that this proposal had therefore been agreed.  He then moved recommendations (ii) to (iv) as set out in the report and these were duly agreed by assent.

RESOLVED

(i)                That an “in principle” decision is made that the Council starts the process for Model 3 as recommended by the Working Group and set out in Appendix 1 to the report;

(ii)              That following a formal consultation process with affected employees, the consultation responses will be considered by the Working Group to make recommendations to the Council on whether the “in principle” decision should be confirmed;

(iii)             That authorisation is given to engage external HR support advising the Working Group  ...  view the full minutes text for item 500.