Agenda and minutes

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

An apology for absence was received from Councillor M W Helm. 

In accordance with Procedure Rule 17 (9, 10), Councillor K W Jarvis attended as substitute for Councillor M W Helm.

To confirm the Minutes of the meeting of the Overview and Scrutiny Committee held on 28 August 2019, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 28 August 2019 be approved and confirmed.

To receive the views of members of the public on items of business to be considered by the Committee (please see below):

1.               A period of ten minutes will be set aside.

2.               An individual may speak for no more than two minutes on a specific agenda item, the time slots to be allocated on a “first come first served” basis.

3.               Participation may take the form of a statement, or alternatively a question to be addressed to the Chairman.  There will be no discussion on questions put unless it is formally moved.  In line with the current scheme applied to other Committees, the questions must:

·                 not be defamatory, frivolous, vexatious or offensive;

·                 not be the same or substantially the same as another question to the same meeting or anything so put in the last six months;

·                 not involve the disclosure of confidential or exempt information.

4.               Anyone wishing to speak must notify the Committee Clerk between 7.00pm and 7.20pm prior to the start of the meeting.

There was none.

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).

It was noted that, with reference to Agenda Item 7, Conduct Complaints, Councillor W Stamp (who was in attendance) stated that had she had an ongoing complaint.

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

Supplementary to the report, Members are to receive a presentation from the Specialist – Local Plan on the following:

·       Tesco Free Bus Service;

·       Maldon and Heybridge Central Area Masterplan’s ‘Parking Strategy.’

Members of the Committee received a presentation from the Strategic Theme Lead on the Section 106 (S106) Agreement between Tesco Stores Limited, Essex County Council (ECC) and Maldon District Council (MDC).  This covered a schedule of requirements to be provided by Tesco Stores Limited including a free Bus Service.

The Strategic Theme Lead advised Members that whilst the bus service had been provided the outstanding requirements had yet to be delivered by Tesco Stores Limited.

In accordance with the presentation and in response to Members’ questions, the Strategic Theme Lead provided the following update:-

Tesco Stores Limited Free Bus Service

In 1999 a S106 was signed agreeing to the extension of the store. The terms required Tesco Stores Limited to secure transportation improvements in the guise of a free bus service to improve access to the Town Centre.

This included up to 50 free car parking spaces were allocated for the free bus service.  Restrictions included a maximum of 4 hours free parking with the exclusion of bank holidays and Christmas.  It was noted that the onus was on Tesco Stores Limited to determine how this was monitored and enforced.

The agreement included a review clause, requiring Tesco Stores Limited to appropriately display the route information, ensure effective operation of the service through regular monitoring, and encourage use through various initiatives.

As part of the agreement Travel Plan Co-Ordinator (TPC) should have been employed to survey and monitor the scheme, which included the roll out of staff and public incentives.  The TPC was expected to have liaised with MDC and ECC on an annual basis to review the scheme. 

Of the planning obligations which were part of the S106 agreement it was noted that highway works on the Fullbridge crossing and River Chelmer embankment works were complete, the 50 free carparking spaces remained available at Tescos and that Tesco Stores Limited were exercising their right to enforce the 4-hour time limit.

 
It was also acknowledged that the 5-yearly review of the bus service has not been actioned since 2001 and the marketing plan for the free bus route remained outstanding.

THE MALDON AND HEYBRIDGE CENTRAL AREA MASTERPLAN'S (CAMP) PARKING STRATEGY

Objectives of the Maldon and Heybridge Central Area Masterplan (CAMP) SPD (adopted November 2017) were to actively manage traffic, visitors and parking within the town centre, and provide enhanced pubic transport.  It was previously noted that the town centre carparks were near capacity with limited space for extension.

Since CAMP was adopted, an additional 400 spaces were being provided at the peripheral of the town centre and the site for the new Travelodge Hotel.  The free bus service operated by Tesco had been incorporated and included a new Park and Ride facility to be connected to the current Free bus route at the Blackwater Leisure Centre.

The LDP had been prepared and considered management of the air quality on Market Hill, with policies around growth informed through consultations.

In conclusion, it was noted that the LDP had been prepared  ...  view the full minutes text for item 434.

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

The Director of Strategy, Performance and Governance presented Members with the report which set out the Council’s procedures for dealing with issues relating to Members’ Code of Conduct.  The process for dealing with complaints was set out in appendix 1, and the full code of conduct was attached at appendix 2.

Councillor M S Heard stated that the report did not answer the original request, which was to provide the Committee with statistics from 2015 to date detailing the number of complaints received by the council, the number of dreferrals[1], and the political affiliations respectively.  The Director of Strategy, Performance and Governance confirmed that he was happy to go through the Terms of Reference with Councillor M S Heard and bring the report back to a future meeting of the committee.

In response to further questions to the Corporate Leadership Team (CLT), with support from the Chairman, the following information was provided:

·                 Were a complaint to be made against the Leader of a Group it would be investigated with the results being referred to the Joint Standards Committee subject to the advice of the independent person;

·                 The Leader of the respective group is advised as it would be anticipated that the group would wish to support their member through any complaints process.  It was noted that the conclusions outlined in appendix 1, Stage 1, Section 5 were options that could be taken at that stage of the process; and

·                 When a complaint is made this can go to the Monitoring Officer, who will investigate confidentially.

A discussion ensued where Members expressed concern that the procedures and Terms of Reference were unclear and not fit for purpose. The Director of Service Delivery advised the Committee that the report contained options for referral, and the Chairman commented that the process had improved in recent years.

Members requested that information on the whistleblowing process was made available as part of the Maldon District Council Member Training and included in the Code of Conduct.

RESOLVED:

(i)              That a further report is provided detailing the following information:

a.               the number of complaints raised since 2015;

b.               the number of referrals to Joint Standards;

c.               the outcome; and

d.               political affiliations of those involved in the aforementioned points.

(ii)            That Member Training include information on the whistleblowing policy; and

(iii)          That the whistleblowing policy be included in the Code of Conduct.

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

The Director of Strategy, Performance and Governance Presented the Programme of Work to the Committee advising that with the commencement of the new structure from 3 October 2019 the Committee would be working toward the new Terms of Reference.  Members were asked to review the current programme of work with a view to removing standing items, those which could not be progressed further, or alternatively add timelines for completion.

Waste Water

Following the presentation from Anglian Water at the 28 August 2019 meeting, it was acknowledged that no further work could be done on this item and therefore it was agreed that it be removed from the Programme of Work.

Health Care Provision

A portion of the Committee believed that this item ought to remain as it was considered crucial. 

Councillor E L Bamford, the Member Sponsor, requested that the item be retained.  She concurred with the Officers report that specifics on the S106 monies be designated as part of that item and that performance reports form part of the Performance, Governance and Audit Committee (PGA) agenda.  However, other aspects covered as part of this item of scrutiny should remain.

The Chairman put Councillor E L Bamford’s suggestions to the Committee and, following a vote, it was agreed this item remain on the Programme of Work.

Section 106 (S106) Updates

A discussion ensued with the majority Members requesting that this item remain.

The Director of Strategy, Performance and Governance confirmed that S106 Updates would be reported to PGA, however any items going to this Committee should be on how S106 was reviewed or reported.  Members were reminded that this item of work had evolved from the recording of S106’s to scrutinising specific items on the database, and that a lot of prior concerns had been dealt with.  A percentage requested that the Committee retain a watching brief.

It was agreed that this item remain subject to review following receipt of the report due at the 31 October 2019 meeting.

Business Opportunities for Maldon District Council

Councillor S P Nunn expressed concern that this item specifically related to a request from Essex Police for additional space at the Council’s Princes Road offices and requested that this should form part of a wider brief to scrutinise decisions on the Council’s commercial operations.

In response to questions, the Director of Service Delivery confirmed that an accommodation offer had been made, but it remained under consideration by Essex Police.

The Chairman reminded the Committee that it was not their responsibility to identify business opportunities, but instead to scrutinise decisions taken by the Council.  Several Members suggested that this item remain on the Programme of Work with a wider brief so long as projects were reviewed effectively. The practicality of monthly updates was considered, followed by a short discussion as to whether this would be more suited to a working group of the Strategy and Resource Committee (S&R) with this item revisited for specific projects.

Councillor M S Heard expressed concern that Independent Members  ...  view the full minutes text for item 436.

The Committee considered the following items of work to be added to the Programme of Work:

Due Diligence

Capita – Following comments relating to Capita’s track record and capability, Councillor V Bell requested that a report was provided to the Committee to identify what due diligence went into the Council’s decision to partner with Capita.

The Director for Strategy, Performance and Governance advised that this would be more suited to review as part of the Monitoring of the Organisational Change Programme.

Monoworld – Concerns were raised by Councillor V Bell that partnering with a company who had previously been fined for illegal exporting of waste and numerous health and safety issues would reflect badly on the Council.

Councillor V Bell proposed that this item be added to the Programme of Work, this was duly seconded.  Upon a vote being taken this was agreed.  A report would be brought to a future committee outlining all waste destinations.

It was also confirmed that Councillor V Bell be the Member Sponsor for this item.

Council’s Accounts

Councillor K W Jarvis said that the Council’s accounts were still unpublished and suggested that a review be undertaken.

The Chairman reminded Councillor K W Jarvis that as the accounts were in the process of being prepared this was a pre-emptive request.  The Director of Strategy, Performance and Governance confirmed that the overarching audit report was already being prepared by the external auditors, for consideration at Performance, Governance and Audit Committee.

Councillor K W Jarvis proposed that an independent review around the Resources Directorate processes. This was duly seconded.

Both Directors expressed concern that this represented duplication of work given that the external auditors report, in the process of completion, would be considered at the Performance, Governance and Audit Committee.  On that basis Councillor K V Jarvis withdrew his proposal.

Councillor R H Siddall, referring to the aforementioned concerns, proposed that this item be added to the Programme of Work following completion of the Council’s accounts and production of the internal report, to identify where delays occurred and any additional issues.  This was duly seconded and agreed by the Committee.

Overview of Corporate Leadership Team and Leader of the Council Decision Making

Councillor R H Siddall proposed that, in relation to the Overview and Scrutiny Committees Terms of Reference, 2, the Programme of Work include the above item.  This would afford the Committee an opportunity to review and question decisions e.g. around new council offices etc. and potential items emanating from the new committee structure that may have fiscal impacts going forward.  This was not seconded.

Following a lengthy discussion, Councillor R H Siddall suggested that a working group be formed consisting of Councillors R H Siddall, V Bell and M S Heard.  The brief for this group would be to determine the relevant issues within this item of scrutiny for consideration by Committee.

Member Training

Councillor R H Siddall requested that, in accordance with procedures, all Members be trained appropriately on the Overview and  ...  view the full minutes text for item 437.