Agenda and minutes

Statutory Annual Council - Thursday 10th May 2018 7.30 pm

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

Contact: Committee Services 

Items
No. Item

7.

Chairman's notices

Minutes:

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

8.

Election of Chairman

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

Minutes:

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

9.

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

10.

Election of Vice-Chairman

To elect the Vice-Chairman of the Maldon District Council for the ensuing municipal year.

Minutes:

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

11.

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.

12.

Apologies for absence

Minutes:

Apologies for absence were received from Councillor Miss A M Beale, A T Cain and M R Pearlman.

13.

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:

Councillor Mrs P A Channer declared a non-pecuniary interest as a Member of Essex County Council advising that a number of the Minutes had ramifications for the County Council.

14.

Minutes - 22 March 2018 pdf icon PDF 98 KB

To confirm the Minutes of the meeting of the Council held on 22 March 2018 (copy enclosed).

Minutes:

RESOLVED that the Minutes of the extraordinary meeting of the Council held on 22 March 2018 be approved and confirmed.

15.

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.

16.

Chairman's Announcements

Minutes:

The Chairman advised that he had attended a number of events, detailed below, and thanked the Vice-Chairman for attending some events on his behalf.

 

23/03/2018

Southend Civic Dinner

29/03/2018

Visit to Dengie hundred sports Centre

29/03/2018

Visit to Blackwater Leisure Centre

29/03/2018

Visit to Metal Matters

05/04/2018

Maldon Multi Agency Centre – Maldon District Council

09/04/2018

Declaration Ceremony of the new High Sheriff

10/04/2018

Visiting Little Braxted Hall

11/04/2018

Royal Visit Mackmurdo Place

13/04/2018

Pride of Maldon Awards (Vice-Chairman)

14/04/2018

Harbour 10th Birthday Celebrations

15/04/2018

All Saints Church Civic Service, Little Totham

16/04/2018

Visit to St Peter's Canteen

17/04/2018

Essex Millennium Fund Awards (Vice-Chairman)

18/04/2018

Greens Recycling

19/04/2018

Visit to the Blue House Farm and North Fambridge Yacht Harbour

19/04/2018

Royal National Lifeboat Institute (RNLI) Annual General Meeting

25/04/2018

Burnham-on-Crouch (BOC) RNLI Station - Cheque presentation

25/04/2018

New Hall Vineyard

27/04/2018

BOC Town Council Annual Civic Reception

29/04/2018

Witham Civic Service

01/05/2018

Heyward and Barratt, Terra Therma

01/05/2018

Wentworth Primary School  - Launch of the 3PR School Parking Initiative

02/05/2018

Maldon Primary School Visit - Council Meeting in Chamber

04/05/2018

Goldhanger - Wilkins and Sons

05/05/2018

STO-kers - Stow Maries Great War Aerodrome - Kids workshop, cadets also attending

08/05/2018

Woodham Mortimer with Hazeleigh Parish Council Annual Council

09/05/2018

Visit to Rural Discovery Church, St Lawrence

09/05/2018

Visit to Beeleigh Mill Project

 

The Chairman read a short statement and thanked Members for reappointing him into the role of Chairman of the Council.  The Chairman thanked the Public Relations Manager and his team for their support over the last year.

 

The Chairman then presented a long service award to Russell Dawes who was shortly due to complete 20 years with the Council.

17.

Minute Book pdf icon PDF 106 KB

To consider the Minutes of the under mentioned Committees (copy be circulated).

 

* Please note that where Minutes contain recommendations to the Council the Minute references for these recommendations are listed below for Members’ information.

 

Overview and Scrutiny Committee (meeting as the Crime and Disorder Committee)

14 March 2018

 

Audit Committee *

26 March 2018

·             Review of Risk Management Policy

 

Community Services Committee

27 March 2018

 

Overview and Scrutiny Committee

28 March 2018

 

Planning and Licensing Committee *

17 April 2018

·             Renewable and Low Carbon Technology Supplementary Planning Document

·             River Blackwater Task and Finish Working Group Update

 

Finance and Corporate Services Committee *

19 April 2018

·             Human Resources Policies and Procedures

 

 

Additional documents:

Minutes:

(a)            MINUTES OF OVERVIEW AND SCRUTINY COMMITTEE – 14 MARCH 2018

 

RESOLVED that the Minutes of the meeting of the Overview and Scrutiny Committee held on 14 March 2018 be adopted.

 

(b)            MINUTES OF AUDIT COMMITTEE – 26 MARCH 2018

 

RESOLVED

 

(i)              That the Minutes of the Audit Committee held on 26 March 2018 be received.

 

The Council received the Committee’s recommendations on the following matter:

 

Minute 930 – Review of Risk Management Policy

 

RESOLVED

 

(ii)            that the Risk Management Policy attached at Appendix 1 to the Minutes of the Audit Committee, be adopted.

 

RESOLVED

 

(iii)          that subject to the above decision, the Minutes of the Audit Committee held on 26 March 2018 be adopted.

 

(c)             MINUTES OF COMMUNITY SERVICES COMMITTEE – 27 MARCH 2018

 

RESOLVED that the Minutes of the meeting of the Community Services Committee held on 27 March 2018 be adopted.

 

(d)            MINUTES OF OVERVIEW AND SCRUTINY COMMITTEE – 28 MARCH 2018

 

RESOLVED that the Minutes of the meeting of the Overview and Scrutiny Committee held on 28 March 2018 be adopted.

 

(e)            MINUTES OF PLANNING AND LICENSING COMMITTEE – 17 APRIL 2018

 

RESOLVED

 

(i)              That the Minutes of the Planning and Licensing Committee held on 17 April 2018 be received.

 

The Council received the Committee’s recommendations on the following matters:

 

Minute 1008 – Renewable and Low Carbon Technology Supplementary Planning Document

 

RESOLVED

 

(i)              that subject to amendment, the Maldon District Renewable and Low Carbon Technologies Supplementary Planning Document (attached as Appendix 1 to the Minutes of the Planning and Licensing Committee) be adopted.

 

Minute 1012 – River Blackwater Task and Finish Working Group Update

 

RESOLVED

 

(ii)            that a Member Task and Finish Working Group or alternative body with two or three Members from each of the three programme Committees be set up to look at other work relating to the Rivers Blackwater and Crouch. 

 

RESOLVED

 

(iii)          that subject to the above decisions, the Minutes of the Planning and Licensing Committee held on 17 April 2018 be adopted.

 

(f)             MINUTES OF FINANCE AND CORPORATE SERVICES COMMITTEE – 19 APRIL 2018

 

RESOLVED

 

(i)              That the Minutes of the Finance and Corporate Services Committee held on 19 April 2018 be received.

 

The Council received the Committee’s recommendations on the following matter:

 

RESOLVED

 

Minute 1035 – Human Resources Policies and Procedures

 

RESOLVED

 

(ii)            That the Equality and Diversity Policy (attached as Appendix 1 to the Minutes of the Finance and Corporate Services Committee) and Equality Act 2010 Guidance (attached as Appendix 2 to the Minutes of the Finance and Corporate Services Committee) be approved.

 

RESOLVED

 

(iii)          that subject to the above decision, the Minutes of the Finance and Corporate Services Committee held on 19 April 2018 be adopted.

18.

Minutes of Meetings

To note that since the last meeting of the Council, up until Tuesday 1 May 2018 (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:

North Western Area Planning Committee

3 April 2018

Appointments Committee

5 April 2018

South Eastern Area Planning Committee

9 April 2018

Joint Standards Committee

10 April 2018

 

Minutes NOT finalised for publication:

South Eastern Area Planning Committee (special meeting

17 April 2018

Central Area Planning Committee

18 April 2018

 

Minutes:

The Council noted the list of Committees that had met before and since the last meeting of the Council, up until Tuesday 1 May 2018 for which Minutes had been produced.

19.

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

Minutes:

There were none.

20.

Leaders and Composition of Political Groups pdf icon PDF 89 KB

(i)             To consider the report of the Chief Executive on the Leaders and composition of each political group (copy enclosed).

 

(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.

Minutes:

The Council considered the report of the Chief Executive.  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

Councillor M F L Durham

Independent

3

Councillor B S Beale MBE

 

It was noted that there was one single Member, Councillor Mrs B E Acevedo (non-aligned) 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 Miss S White.  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.

21.

Appointment of Membership of Committees of the Council pdf icon PDF 129 KB

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 circulated).

Minutes:

The Council considered the report of the Chief Executive, circulated prior to the meeting.

 

Councillor R G Boyce raised a point of order in relation to Procedure Rule 1 (7(j)), (8) and (9).  He referred to understanding that it was to be proposed that appointment of the Chairman and Vice-Chairman of the Joint Standards Committee would not take place at this meeting.  Having spoken to the Chairman of the Council nd the Monitoring Officer, Councillor Boyce felt that the Council, in not making these appointments, would be in conflict of its standing orders.  Councillor Boyce felt that the current Membership should remain in place until the next Statutory Annual meeting of the Council. 

 

In response the Interim Monitoring Officer advised that the Local Government Act 1972 overrode the Council’s constitution and an error when issuing the summons letter for this meeting meant that the appointment could not take place.  Members agreed that in accordance with the advice from the Monitoring Officer, appointment of the Chairman and Vice-Chairman of the Joint Standards Committee would take place at its first meeting.

 

RESOLVED

 

(i)              that the 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 appointment of the Chairman and Vice-Chairman of the Joint Standards Committee takes place at its first meeting;

 

(iii)          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

B E Harker

M S Heard

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

J V Keyes

Miss M R Lewis

Mrs N G F Shaughnessy

 

 

Plus ex-officio non-voting Members:

Leader of the Council

Deputy Leader of the Council

Leader of the Opposition

 

Planning and Licensing Committee

 

Councillors:    B S Beale MBE

R G Boyce MBE

Mrs P A Channer, CC

M F L Durham, CC

A S Fluker

M R Pearlman

R Pratt, CC

S J Savage

A K M St. Joseph

Mrs M E Thompson

 

 

Plus ex-officio non-voting Members:

None

 

Overview and Scrutiny Committee

 

(including the Overview and Scrutiny Committee (meeting as the Crime and Disorder Committee))

Councillors:    R P F Dewick

I E Dobson

P G L Elliott

M S Heard

M W Helm

N R Pudney

S J Savage

Miss S White

 

Audit Committee

Councillors:    E L Bamford

P G L Elliott

A S Fluker

B E Harker

M S Heard

Miss M R Lewis

A K M St. Joseph

Mrs M E Thompson

 

Joint Standards Committee

Councillors:    Mrs B F Acevedo

E L Bamford

I E Dobson

Rev. A  ...  view the full minutes text for item 21.

22.

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 8:14pm to allow special meetings to be held to appoint a Chairman and Vice-Chairman as follows:

 

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

23.

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 8:18pm.

24.

Appointment of Representatives to Local Government and Outside Bodies pdf icon PDF 102 KB

To consider the report of the Chief Executive (copy to follow).

Additional documents:

Minutes:

The Council considered the report of the Chief Executive listing the nominations of the Leader of the Council, circulated prior to the meeting.

 

RESOLVED

 

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

(ii)            that the appointment of representatives to Local Government and Outside Bodies, as detailed in APPENDIX 1 to these Minutes, for the ensuing Municipal Year, be agreed.

 

25.

Appointment of Members to serve on Working Groups of the Council pdf icon PDF 98 KB

To consider the report of the Chief Executive (copy to follow).

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, circulated prior to the meeting.

 

RESOLVED that the appointments to the Working Group of the Council for the municipal year, as set out in APPENDIX 2 to these Minutes, be agreed.

26.

Chief Executives' Pay Agreement 2018 - 20 pdf icon PDF 102 KB

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

Minutes:

The Chief Executive left the meeting prior to consideration of this item of business.

 

The Council considered the report of the Director of Resources, seeking Members’ approval for the Chief Executive salary to be revised in line with the final agreement, once reached, by the Joint Negotiating Committee for Chief Executives and Local Authorities (JNC) and Employers.

 

The report provided background information regarding a claim from the JNC and an offer from the Employers for a pay award for Chief Executives.  It was noted that these were not in agreement and would therefore be negotiated before final pay award settlement was made.  The Director of Resources reported that to date no agreement had been reached but was expected over the forthcoming months. 

 

Members were reminded that the Council’s agreement of this revision was required as the Chief Executive had separate terms and conditions to all other staff.

 

Councillor M F L Durham proposed that the recommendation as set out in the report be agreed.  This was duly seconded and agreed.

 

RESOLVED that the Chief Executive’s pay (SCP 57 – 60) be revised following confirmation of the final agreement between the Joint Negotiating Committee for Chief Executives of Local Authorities and the Employers, up to a maximum of 2% increase for 2018 / 19 and 2019 / 20, with effect from 1 April 2018.

27.

Schedule of Meetings 2018 / 19

To consider the following revisions to the 2018 / 19 Schedule of Meetings:

·                 Audit Committee – Additional meeting on Thursday 21 April 2018 to consider the Annual Governance Statement.

·                 Finance and Corporate Services Committee - Additional meeting on Tuesday 16 April 2019 as a meeting in April 2019 had been omitted in error.

Minutes:

The Council considered the proposed changes to the schedule of meetings for 2018 / 19.  It was noted that the additional meeting of the Audit Committee was proposed for 21 June 2018 and not as detailed on the agenda.

 

RESOLVED that the following revisions to the Schedule of Meetings 2018 / 19, be agreed.

·                 Audit Committee – Additional meeting on Thursday 21 June 2018.

·                 Finance and Corporate Services Committee - Additional meeting on Tuesday 16 April 2019.

Appendices 1 and 2 pdf icon PDF 98 KB

Additional documents: