Agenda and minutes

Statutory Annual Council - Thursday 11th May 2017 7.30 pm

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

Contact: Committee Services 

Items
No. Item

1.

Chairman's notices

Minutes:

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

2.

Election of Chairman

To elect the Chairman of the Maldon District Council for the ensuing Municipal Year.

Minutes:

Councillor P G L Elliott, presiding Chairman, referred to two recent civic and volunteer barge trips which had taken place with a number of persons from the voluntary sector attending in recognition for the work they did within the District.  Prior to calling for nominations for the Chairman of the Council, Councillor Elliott thanked his personal assistant Ms Alia Hamdan, his wife who had attended a number of functions with him and Members for their support during his term of office.

 

It was proposed by Councillor Elliott and seconded by Councillor R G Boyce that Councillor H M Bass be elected as Chairman of the Maldon District Council for the ensuing Municipal Year.

 

There being no further nominations it was:

 

RESOLVED that Councillor H M Bass be elected Chairman of the Maldon District Council for the ensuing Municipal Year.

3.

Chairman's Statutory Declaration of Acceptance of Office

Chairman to make the Statutory Declaration of Acceptance of Office.

Minutes:

Councillor H M Bass made the Statutory Declaration of Acceptance of the Office of Chairman of the Council.

 

IN THE CHAIR  :  COUNCILLOR H M BASS

 

 

Councillor D M Sismey joined the meeting at this point.

 

Councillor Bass thanked Members for the confidence they placed on him as Chairman of the Council and on behalf of the Council thanked Councillor Elliott for his efforts during the past two years. 

 

The Chairman outlined his aims as Chairman of the Council and how he would promote the District, visit every village within the District, promote small rural businesses and encourage economic development and tourism. 

 

Councillor Bass referred to being the fourth member of his family to occupy the position of Chairman of the Maldon District Council.  It was noted that his late father had been one of the Council’s founders and had created the Council’s motto.  Referring to future challenges the Chairman suggested two ‘buzz’ words for the future:

·               Unity – working together, united in acting together in a way that was in the best interest of the Council;

·               Harmony – showing respect for each other and working in a pleasant and friendly way.

4.

Election of Vice-Chairman

To elect the Vice-Chairman of the Maldon District Council for the ensuing Municipal Year.

Minutes:

It was proposed by H M Bass, and seconded by Councillor Mrs P A Channer that Councillor N R Pudney be elected as Vice-Chairman of the Maldon District Council for the ensuing Municipal Year.

 

There being no further nominations it was:

 

RESOLVED that Councillor N R Pudney be elected as Vice-Chairman of the Maldon District Council for the ensuing Municipal Year.

5.

The Vice-Chairman's Statutory Declaration of Acceptance of Office.

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

Minutes:

Councillor N R Pudney made the Statutory Declaration of Acceptance of the Office of Vice-Chairman of the Council.

6.

Apologies for absence

Minutes:

Apologies for absence had been received from Councillors J P F Archer, Miss A M Beale and Miss S White.

7.

Declarations of Interest

To declare the existence and nature of any ‘personal’ or ‘personal and prejudicial’ interests relating to items on the agenda having regard to paragraphs 8 to 12 inclusive of the Code of Conduct for Members.

 

(Members are reminded that they are also required to declare interests as soon as they become aware should the need arise throughout the meeting).

Minutes:

The following declarations of interest were made in relation to Agenda Item 20 – North Heybridge Garden Suburb – Administration of Sports Facilities:

·               Councillor R P F Dewick advised that the last time a similar item had been discussed he had been advised by the Monitoring Officer that he had an interest, so would therefore continue that personal and prejudicial interest and leave the meeting for this matter of business.

·               Councillor B E Harker declared a personal interest in this item of business as in addition to being a Ward Member he was President of Drapers Farm Sports Club and Vice-Chairman of the Cricket Club.

·               Councillor D M Sismey declared a prejudicial interest as he owned land close to the site.

·               Councillor Miss M R Lewis declared a non-prejudicial interest as Vice-President of the Rugby and Cricket Club at Drapers Farm.

·               Councillor M W Helm declared a prejudicial interest as he owned land in the LDP (Local Development Plan).

 

Councillor Mrs P A Channer disclosed a non-pecuniary interest as an Essex County Councillor and specifically in relation to Agenda Item 12 Recommendations of Committees for Decision by the Council (Community Services Committee Minute 1185 Outline Housing Strategy).  She also declared a non-pecuniary interest as she was Trustee of an Almshouse.

8.

Minutes - 23 March 2017 pdf icon PDF 149 KB

To confirm the Minutes of the extraordinary meeting of the Council held on 23 March 2017 (copy enclosed).

Minutes:

RESOLVED that the Minutes of the extraordinary meeting of the Council held on 23 March 2017 be received and adopted.

9.

Minutes - 5 April 2017 pdf icon PDF 211 KB

To confirm the Minutes of the meeting of the Council held on 5 April 2017, (copy enclosed).

Minutes:

RESOLVED

 

(i)        that the Minutes of the meeting of the Council held on 5 April 2017 be received.

 

Minute 1159 – Corporate Plan, Key Activities, Indicators and Targets 2017 / 18

 

Councillor Miss M R Lewis proposed that the text below be added in following the second paragraph of above Minute:

 

“The Leader of the Council in presenting the report thanked those Members who had assisted with the reworking and representation of the Corporate Plan.  The Leader asked the Chief Executive to consider a minor change to Key Corporate Activity 2, following a strengthening communities meeting, adding isolation and listing old age and frailty separately and including isolation.”

 

This was duly agreed.

 

Councillor Savage advised of an amendment to the third paragraph of this Minute to read “…as he was not able to have Fibre...”.  This was duly noted.

 

RESOLVED

 

(ii)       that subject to the above amendments, the Minutes of the meeting of the Council held on 5 April 2017 be confirmed.

10.

Public Questions

To receive questions from members of the public, of which prior notification in writing has been received (no later than noon on the Tuesday prior to the day of the meeting).

Minutes:

There were none.

11.

Chairman's Announcements

Minutes:

The Chairman congratulated the three members of this Council elected and re-elected to the County Council.

 

He introduced Ms Emma Foy, Director of Resources and Mr Saleem Chughtai, Interim [1]Deputy Monitoring Officer.

 

A list of the official engagements attended by the past-Chairman since the last meeting of the Council is reproduced below:

 

07/04/2017

Brentwood Civic Dinner

26/04/2017

Mayor of Chelmsford Civic Lunch

30/04/2017

Service of Dedication for the Memorial Garden - St Mary the Virgin Church, Burnham-on-Crouch

03/05/2017

Maldon Primary School Music Festival

05/05/2017

Thurrock Civic Dinner

06/05/2017

Mayor of Havering Charity Ball

09/05/2017

Maldon District Council (MDC) Civic and Voluntary Sector Barge Trip

10/05/2017

MDC Civic and Voluntary Sector Barge Trip

 



[1] Minute No. 240 refers.


12.

Recommendations of Committees for Decision by the Council

Minutes:

(a)            Report of the Chief Executive

 

The Council considered the report of the Chief Executive presenting recommendations of Committees to the Council. 

 

Audit Committee (30 March 2017):

 

Minute 1134 – Committee Structure Review

 

It was noted that this matter was the subject of a separate report to and subsequent decision of the Council on 5 April 2017 (Minute No. 1161 refers).

 

Community Services Committee (11 April 2017):

 

Minute 1185 – Outline Housing Strategy

 

RESOLVED

 

(i)             that the Outline Housing Strategy (attached as Appendix 1 to the Report), be approved for consultation.

 

Planning and Licensing Committee (25 April 2017):

 

Minute 1230 – Burnham-on-Crouch Neighbourhood Plan

 

RESOLVED

 

(i)        that the Council approves the proposed changes to the Burnham-on-Crouch Neighbourhood Plan as set out in the Examiner’s Report and Appendix 1 to the report;

 

(iii)      that the Burnham-on-Crouch Neighbourhood Plan as modified goes forward to Referendum within the Neighbourhood Area.

 

Finance and Corporate Services Committee (26 April 2017):

 

Corporate Communications Protocol 

 

RESOLVED

 

(iv)      That the revised Corporate Communications Protocol attached at Appendix 3 to the report, be adopted.

 

(b)       Minutes of meetings of Committees

 

The Council noted the list of Committees that had met before and since the last meeting of the Council, up until Wednesday 2 May 2017, for which Minutes had been published.

13.

Questions in accordance with Procedure Rule 6 (2) of which notice has been given

Minutes:

There were none.

14.

Leaders and Composition of Political Groups

(i)             The Chief Executive to table for information, the Leaders and composition of each political group.

 

(ii)           The Council to consider the ratification of the Leader-designate as Leader or to elect the Leader of the Council.

 

(iii)         To elect the Deputy Leader of the Council.

Additional documents:

Minutes:

The Council considered the report of the Chief Executive, tabled at the meeting.  As required by the Local Government and Housing Act 1989, the Chief Executive had been notified that the composition of the political Groups on the Council were as follows:

 

Political Group

Number of Members

Leader

Conservative

27[1]

Councillor Miss M R Lewis

Independent

3

Councillor B S Beale MBE

 

It was noted that there was one single Member, Councillor Mrs B E Acevedo (UK Independent Party) who although not part of a political Group constituted part of the political make-up of the Council. 

 

In accordance with the Council’s Constitution, Councillor M F L Durham was therefore recognised as Leader-designate.  There being no further nominations it was:

 

RESOLVED

 

(i)              that the Leader-designate, Councillor M F L Durham, be ratified as Leader of the Council;

 

Councillor M F L Durham then proposed that Councillor A S Fluker be elected as Deputy Leader of the Council and this was seconded by Councillor D M Sismey.  There being no further nominations it was:

 

RESOLVED

 

(ii)            that Councillor A S Fluker be elected as Deputy Leader of the Council for the ensuing Municipal Year.



[1] Minute No. 240 refers.

15.

Appointment of Membership of Committees of the Council

To appoint Members to serve on Committees, as required by Procedure Rule 17.  (Report of the Chief Executive on the nominations of the Leader of the Council and the Opposition Leader to the places allocated to their respective groups to be tabled).

Additional documents:

Minutes:

The Council considered the report of the Chief Executive, tabled at the meeting.

 

RESOLVED

 

(i)              that the nominations of the Leader of the Council and the Opposition Leader to the places allocated to their respective Groups and the proposed allocations made for Councillor Mrs B E Acevedo, be noted;

 

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

 

Finance and Corporate Services Committee

Councillors:    Mrs B F Acevedo

J P F Archer

I E Dobson

P G L Elliott

A S Fluker

M S Heard

Miss M R Lewis

Rev. A E J Shrimpton

D M Sismey

 

Plus ex-officio non-voting Members:

Leader of the Council

Leader of the Opposition

 

Community Services Committee

Councillors:    E L Bamford

H M Bass

Miss A M Beale

R G Boyce MBE

A T Cain

Mrs H E Elliott

Mrs B D Harker

R Pratt, CC

Mrs N G F Shaughnessy

Miss S White

 

 

Plus ex-officio non-voting Members:

Leader of the Council

Deputy Leader of the Council

Leader of the Opposition

 

Planning and Licensing Committee

 

Councillors:    H M Bass

B S Beale MBE

R G Boyce MBE

Mrs P A Channer, CC

M F L Durham, CC

A S Fluker

M R Pearlman

S J Savage

A K M St. Joseph

Mrs M E Thompson

 

 

Plus ex-officio non-voting Members:

None

 

Overview and Scrutiny Committee

Councillors:    Mrs P A Channer, CC

R P F Dewick

P G L Elliott

M S Heard

M W Helm

N R Pudney

S J Savage

Mrs M E Thompson

 

Audit Committee

Councillors:    E L Bamford

P G L Elliott

A S Fluker

B E Harker

M S Heard

R Pratt, CC

A K M St. Joseph

Mrs M E Thompson

 

Joint Standards Committee

Councillors:    Mrs B F Acevedo

I E Dobson

M R Pearlman

Rev. A E J Shrimpton

Mrs M E Thompson

 

Parish Councillors:

            Councillor J Anderson

            Councillor S Nunn

 

Investigating and Disciplinary Committee

Councillors:    Mrs B F Acevedo

I E Dobson

M R Pearlman

Rev. A E J Shrimpton

Mrs M E Thompson

 

Appointments Committee

 

Procedure Rule 16 (6) provides for the Committee to consider five Members drawn from those listed, politically balanced where possible.

Leader of the Council

Chairman of the Council

Leader of the Opposition

 

Chairman or Vice-Chairman of the relevant service Committee where a Director appointment is to be made.

 

Councillors     A S Fluker

Mrs B D Harker

 

 

In accordance with the Local Government (Committees and Political Groups) Regulations 1990 Part IV, Paragraph 16(a), the membership of the Area Committees is confirmed as follows:

 

Central Area Planning Committee

Councillors:    Miss A M Beale

A T Cain

I E Dobson

Mrs B D Harker

B E Harker

M S Heard

Miss M R Lewis

M R Pearlman

S J Savage

Mrs N G F Shaughnessy

Rev. A E J Shrimpton

 

Plus ex-officio non-voting Member:

Chairman of Planning and Licensing Committee

 

North Western Area Planning Committee

Councillors     J P F Archer

E L Bamford

H M Bass

M F L  ...  view the full minutes text for item 15.

16.

Adjournment of meeting

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

 

Special Meeting of the Finance and Corporate Services Committee

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

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

 

To be followed by:-

 

Special Meeting of the Community Services Committee

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

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

 

To be followed by:-

 

Special Meeting of the Planning and Licensing Committee

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

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

 

To be followed by:-

 

Special Meeting of the Overview and Scrutiny Committee

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

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

 

To be followed by:-

 

Special Meeting of the Audit Committee

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

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

 

To be followed by:-

 

Special Meeting of the Joint Standards Committee

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

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

 

To be followed by:-

 

Special Meeting of the Investigating and Disciplinary Committee

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

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

 

To be followed by:-

 

Special Meeting of the Central Area Planning Committee

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

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

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

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

Minutes:

RESOLVED that the meeting be adjourned at 8:00pm to allow special meetings to be held as follows:

 

Finance and Corporate Services Committee, Community Services Committee, Planning and Licensing Committee, Overview and Scrutiny Committee, Audit Committee, Joint Standards Committee, Investigating and Disciplinary Committee, Central Area Planning Committee, North Western Area Planning Committee and South Eastern Area Planning Committee.

17.

Resumption of Business

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

Minutes:

RESOLVED that the business of the Annual Meeting of the Council be resumed at 8:16pm.

18.

Appointment of Representatives to Local Government and Outside Bodies

To consider the report of the Chief Executive.

Additional documents:

Minutes:

The Council considered the report of the Chief Executive listing the nominations of the Leader Designate of the Council, tabled at the meeting.

 

The following inaccuracies were highlighted by Members of the Council and the relevant actions agreed by the Council:

·               Maldon District Rural Housing Task Group – Task Group finished, to be deleted from the listing.

·               Maldon Older People’s Floating Service Steering Group – to be deleted from the listing.

·               Maldon Children’s Centre Partnership Group – now called Sure Start Maldon.

 

Councillor Miss M R Lewis and Mrs B D Harker requested that they be removed from the Local Highways Panel.  It was clarified that Membership of this panel should be drawn from the Area Planning Committees.  Councillor M F L Durham proposed that at the first meeting of each Area Planning Committee they nominate two Members of the Committee to site on the Highways Panel.  This was duly seconded and agreed.

 

RESOLVED

 

(i)              that the changes to the Local Government and Outside Bodies as set out in paragraph 3.2 of the report be noted;

 

(ii)            that each of the Area Planning Committees be asked to nominate two Members from its Membership to sit on the Highway Panel;

 

(iii)          that the appointment of representatives on Local Government and outside bodies as amended and detailed in Appendix 1 to these Minutes, be approved.

19.

Appointment of Members to serve on Working Groups of the Council

To consider the report of the Chief Executive.

Additional documents:

Minutes:

The Council considered the report of the Chief Executive seeking Members’ agreement to appoint Members to serve on Working Groups of the Council for the municipal year, tabled at the meeting.

 

It was noted that the Community Services and Hospital Project Board was now named the Maldon Health Hub.

 

RESOLVEDthat the appointments to the Working Groups as set out below be confirmed.

 

Corporate Projects Member Task and Finish Working Group

 

(Set up by the Council on 8 September 2016)

From the Community Services Committee:

Councillor R Pratt, CC

Councillor Mrs B D Harker

 

From the Finance and Corporate Services Committee:

Councillor I E Dobson

Councillor A S Fluker

 

From the Planning and Licensing Committee:

Councillor A K M St. Joseph

Councillor S J Savage

Corporate Governance Working Group

Councillor M F L Durham, CC (Leader of the Council)

 

Councillors B S Beale MBE,
R G Boyce MBE, H M Bass, P G L Elliott, A S Fluker, and Mrs M E Thompson

Devolution Member Task and Finish Working Group

 

(10/09/15)

Leader of the Council

Deputy Leader of the Council

Leader of the Opposition

 

Chairmen of the Community Services, Finance & Corporate Services and Planning & Licensing Committees *

 

* Substitutes: Vice-Chairmen of Community Services, Finance & Corporate Services and Planning & Licensing Committees

Maldon Health Hub

Councillors Mrs P A Channer CC and
Mrs B D Harker

Strategic Housing Board

(Council 16 February 2017 – Minute No, 991)

From the Community Services Committee:

Councillors B S Beale MBE and Mrs B D Harker

 

From the Finance and Corporate Services Committee:

Councillors A S Fluker and Rev. A E J Shrimpton

 

From the Planning and Licensing Committee:

Councillors E L Bamford and R G Boyce MBE

Transformation Programme Board

(Council (19/12/14) Min No. 675 refers)

Councillors M F L Durham CC and A S Fluker

 

20.

North Heybridge Garden Suburb - Administration of Sports Facilities pdf icon PDF 121 KB

To consider the report of the Director of Customers and Community, (copy enclosed).

Minutes:

In accordance with their earlier declarations Councillors R P F Dewick, M W Helm and D M Sismey left the meeting at this point and did not return.

 

The Council considered the report of the Director of Customers and Community seeking Members consideration of policy direction into the future management and administration of sports facilities included within the new North Heybridge Garden Suburb (NHGS) as part of the Section 106 agreement with the Council.

 

The report provided background information regarding the governance of parks, open spaces and public recreation facilities and previous agreement by the Council that the management of such spaces would be by a Local Management Organisation (LMO).  It was noted that under the South Maldon Garden Suburb agreement the LMO would also manage the Sports Facilities.  Drapers Farm Sports Club had expressed interest in partnering with the Council to run the new sporting facilities included within the NHGS on a similar basis to the existing arrangements with the Council.

 

Options were set out in the report and if the Council wished Officers to explore the proposal to take ownership of the site Members were advised that a necessary clause would have be included in the Section 106 agreement at this time.  This would leave options for the sports facilities to be managed directly by the Council or via an LMO in the future.

 

The Leader of the Council presented the report to the Council and outlined the recommendations.  He proposed the acceptance of recommendation (i)a and deletion of (i)b as this would provide opportunity for all potential options to be reviewed.  This proposal was duly seconded and agreed.

 

RESOLVED that the Director of Customers and Community authorises the appropriate Officers to complete the Section 106 Agreement (which is part of the planning application approved by Members at the extraordinary meeting of the Council on 7 December 2016, Minute No. 791 refers) for North Heybridge Garden Suburb setting out clear options allowing for either future management of the sporting facilities via a Local Management Organisation or via the District Council and a preferred partner.

21.

Schedule of Meetings 2017 / 18

To consider the following revisions for the 2017 / 18 Schedule of Meetings in light of the recent confirmation of a general election on Thursday 8 June 2017:

·               To move the meeting of the Overview and Scrutiny Committee from Wednesday 7 June to Monday 5 June 2017.

·               To move the meeting of the Planning and Licensing Committee from Thursday 8 June to Tuesday 13 June 2017.

·               To move the meeting of the Finance and Corporate Services Committee from Tuesday 13 June to Wednesday 14 June 2017.

Minutes:

The Council considered three revisions to the Schedule of Meetings 2017 / 18 as set out on the agenda, in light of the recent confirmation of a General Election on 8 June 2017.

 

In response to a request to hold the meeting of the Overview and Scrutiny Committee after the General Election, it was agreed that this be rescheduled for Thursday 15 June 2017.

 

RESOLVED that the following revisions to the 2017 / 18 Schedule of Meetings be agreed:

·                 to move the meeting of the Overview and Scrutiny Committee from Wednesday 7 June to Thursday 15 June;

·                 to move the meeting of the Planning and Licensing Committee from Thursday 8 June to Tuesday 13 June;

·                 to move the meeting of the Finance and Corporate Services Committee from Tuesday 13 June to Wednesday 14 June.

 

 

The Chairman then invited all those present to join him for light refreshments in the training room after the meeting. 

Appendix 1 pdf icon PDF 99 KB