Agenda and minutes

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

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

It was proposed by Councillor B E Harker and seconded by Councillor R P F Dewick that Councillor R G Boyce MBE be elected as Chairman of the Maldon District Council for the ensuing Municipal Year.

There being no further nominations it was:

RESOLVED that Councillor R G Boyce MBE be elected Chairman of the Maldon District Council for the ensuing Municipal Year.

Chairman to make the Statutory Declaration of Acceptance of Office.

Councillor R G Boyce made the Statutory Declaration of Acceptance of the Office of Chairman of the Council.

IN THE CHAIR  :  COUNCILLOR R G BOYCE MBE

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

It was proposed by Councillor R G Boyce and seconded by Councillor B E Harker that Councillor Mrs P A Channer be elected as Vice-Chairman of the Maldon District Council for the ensuing Municipal Year.

Councillor M S Heard then proposed that Councillor B S Beale be elected as Vice-Chairman of the Maldon District Council for the ensuing Municipal Year.  This was duly seconded by Councillor C Swain.

There being two nominations the Chairman put these to the vote.  Asking first those voting in favour of the proposal for Councillor Mrs Channer to be Vice-Chairman of the Council to indicate followed by those in favour of the proposal for Councillor Beale to be Vice-Chairman of the Council.  Upon the vote taking place the Chairman declared that Councillor Mrs Channer was elected as the Vice-Chairman of the Council.

RESOLVED that Councillor Mrs P A Channer be elected as Vice-Chairman of the Maldon District Council for the ensuing Municipal Year.

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

Councillor Mrs P A Channer CC made the Statutory Declaration of Acceptance of the Office of Vice-Chairman of the Council.

An apology for absence had been received from Councillor K[1] W Jarvis.

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).

Councillor Mrs P A Channer disclosed a non-pecuniary interest as an Essex County Councillor particularly in relation to Agenda Item 12c – Minute Book (Planning and Licensing Committee 11 April 2019) which contained a recommendation regarding the Green Infrastructure to which Essex County Council had provided a consultation response.

Councillor M F L Durham disclosed a non-pecuniary interest as a Member of Essex County Council and therefore any item on the agenda pertaining to that organisation.

To confirm the Minutes of the extraordinary meeting of the Council held on 21 March 2019 (copy enclosed).

RESOLVED that the Minutes of the extraordinary meeting of the Council held on 21 March 2019 be received and adopted.

To confirm the Minutes of the meeting of the Council held on 28 March 2019, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Council held on 28 March 2019 be received and adopted.

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 date of the meeting).

There were none.

The Chairman thanked Members for nominating and electing him as Chairman.  He advised that he would deal with the proceedings of the Council in an impartial manner but he had been voted onto the Council as a Conservative and would be voting as such in the future.

The Chairman drew Members’ attention to the house flag which was currently flying at half mast outside the Council Offices.  He explained that this was due to the sad passing of Alison Lamb, a Member of the Council from 1995 – 2003 during which time she was also leader of the Labour Group.  The Chairman asked all present in memory of Alison Lamb to stand for a short period of silent reflection.

At this point a number of Members paid tribute to the hard work of Councillor Bass both as a District Councillor and in his recent role as Chairman of the Council and wished him well for the future.

RESOLVED that the Minutes of the Community Services Committee held on 2 April 2019 be agreed.

RESOLVED that the Minutes of the Audit Committee held on 4 April 2019 be agreed.

·                 Minute 2053 – Green Infrastructure Strategy Supplementary Planning Document

RESOLVED

(i)              That the Minutes of the meeting of the Planning and Licensing Committee held on 11 April 2019 be received.

Minute 2053 – Green Infrastructure Strategy Supplementary Planning Document

RESOLVED

(ii)            That the Green Infrastructure Strategy Supplementary Planning Document (Attached at Appendices A and B to the Minutes of the Planning and Licensing Committee be adopted.

RESOLVED

(iii)          That subject to the above decision, the Minutes of the Planning and Licensing Committee held on 11 April 2019, be agreed.

RESOLVED that the Minutes of the Finance and Corporate Services Committee held on 16 April 2019 be agreed.

To note that since the last meeting of the Council, up until Wednesday 8 May 2019 (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

The Council noted the list of Committees that had met before and since the last meeting of the Council, up until Wednesday 8 May 2019 for which Minutes had been published.

There were none.

(i)             To consider the report of the Head of Paid Service on the Leaders and composition of each political group (copy to follow).

(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.

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

In accordance with the Council’s Constitution, Councillor A S Fluker was therefore recognised as Leader-designate.  There being no further nominations it was:

RESOLVED

(i)              that the Leader-designate, Councillor A S Fluker, be ratified as Leader of the Council;

(ii)            Councillor R G Boyce then proposed that Councillor Mrs M E Thompson be elected as Deputy Leader of the Council and this was seconded by Councillor Fluker.  There being no further nominations it was:

RESOLVED

(iii)          that Councillor Mrs M E Thompson be elected as Deputy Leader of the Council for the ensuing Municipal Year.

To consider the report of the Corporate Governance Working Group (copy enclosed).

The Council considered the report of the Corporate Governance Working Group outlining the implications of the proposed ‘mandatory’ effect of Member training on planning matters and seeking Members’ determination of issues arising.

Members were reminded of the decision by the Council that when considering a planning application or related matter, if a Member had not undergone fundamental induction training once a programme had been introduced they could not vote on the matter.  The report outlined the planning training which had taken place and was planned to meet this requirement. 

Following on from the Council’s decision and restriction on voting it was noted that this raised an issue in relation to extraordinary meetings of the Council convened to deal with a category of applications.  Members were elected to serve on the Council, which was distinct from being appointed by the Council to serve on a Committee operating under delegated powers.  The Council was therefore asked to consider establishing within its Constitution a mechanism for the Council meeting as a Planning Committee i.e. a separate Planning Committee consisting of 31 Members to deal with a specific category of planning applications outside the remit of the Area Planning Committees.

In presenting the report the Leader of the Council proposed that the recommendations as set out in the report be agreed.  This proposal was duly seconded and agreed.

RESOLVED

(i)              That the Council appoints a District Planning Committee with effect from the start of the 2019 municipal year, the Committee to consist of all 31 Members of the Council, to deal with the determination of the following planning applications and related matters:

·                 Referred by, or otherwise beyond the remit of the Area Planning Committees, including reference by the Director under existing provisions;

·                 Where the site area involves more than one Committee;

·                 Where the proposal involves development of strategic interest as defined in the terms of reference of the Area Planning Committees.

(ii)            That subject to (i) above, the Chairmanship of this Committee is dealt with later in the meeting during the adjournment for special meetings of the Committees to be held.

(iii)          That the Director of Strategy, Performance and Governance is authorised to make all necessary consequential revisions to the current constitutional documentation, and to schedule any necessary or provisional meeting dates in place of extraordinary planning meetings of the Council.

To appoint Members to serve on Committees, as required by Procedure Rule 17.  (Report of the Head of Paid Service on the nominations of the Leader of the Council and the Opposition Leader to the places allocated to their respective groups copy to follow).

The Council considered the report of the Head of Paid Service, circulated prior to the meeting.

RESOLVED

(i)              that the Council notes the nominations of the Leader of the Conservative Group and the Leader of the Independent Group to the places allocated to their respective;

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

In accordance with the Local Government (Committees and Political Groups)  ...  view the full minutes text for item 20.

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

*To be followed by:-

Special Meeting of the District 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

* If the Council agrees to appoint a District Planning Committee (please see Agenda Item 16 – Member Training on Planning Matters – Impact on Council Committees).

RESOLVED that the meeting be adjourned at 7:58pm 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, South Eastern Area Planning Committee and District Planning Committee.

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

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

To consider the report of the Head of Paid Service (copy to follow).

The Council considered the report of the Head of Paid Service, 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.

Councillor M S Heard, Leader of Opposition, advised that he was disappointed that the Leader of the Council had denied the Independent Group any representation on these bodies and requested that it be recorded that he felt the Leader of the Council was not acting in the interest and spirit of democracy.

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

To consider the report of the Head of Paid Service (copy to follow).

The Council considered the report of the Head of Paid Service, circulated prior to the meeting, seeking Members’ agreement to appoint Members to serve on Working Groups of the Council for the municipal year.

In addition to the annual appointment of Members to serve on Working Groups of the Council the report sought Members consideration of creation of a Strategies Engagement Member Task and Finish Working Group (SEWG).  The purpose of the SEWG was to review the commercial and thematic strategies to enable Officers to incorporate Members’ comments before final submission to the Council.  The proposed Terms of Reference for the SEWG were attached at Appendix 2 to the report.

The Leader of the Council presented the report and proposed that recommendation (i) as set out in report be agreed.  This proposal was duly seconded and agreed.

The Leader then proposed that recommendation (ii) be agreed and Councillors E L Bamford, Mrs P A Channer, A S Fluker, M W Helm, Mrs M E Thompson and Miss S White be appointed to the Strategic Engagement Member Task and Finish Working Group.  This was duly seconded.

Councillor M S Heard, Leader of the Opposition, referred again to the Independent Group and requested that it be recorded that the Group were once again being denied the opportunity work on these groups.

At this point and in response to some questions the Leader of the Council provided some clarification regarding the proposed representatives to Working Groups.

Councillor W Stamp outlined concerns she had regarding the proposed Terms of Reference for the SEWG and proposed that they be amended to reflect the political balance.  This proposal was not supported.

In response to further comments from members of the Independent Group the Leader of the Council provided further clarification on the Working Groups which he advised did not need to be politically balanced.  He explained that the SEWG would report back to the Council at which point a debate on its recommendations could be had, if required.

The Chairman then put recommendation (ii) as set out in the report with the six Members as proposed by the Leader of the council.  Upon a vote being taken this was agreed.

RESOLVED

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

(ii)            That the creation of a Strategies Engagement Member Task and Finish Working Group be agreed subject to the Terms of Reference as appended to the report and the appointment of the following Members:

·   E L Bamford

·   Mrs P A Channer CC

·   A S Fluker

·   M W Helm

·   Mrs M E Thompson

·   Miss S White

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

The Council considered the report of the Director of Resources, seeking approval for the temporary appointment of three persons to Tillingham Parish Council to enable the work of the Parish Council to continue until other councillors were elected to take up office.

Members were advised that following the election on 2 May 2019 there were no nominations for Parish Councillors to Tillingham Parish Council and therefore the Parish Council had no Councillors.  A fresh election is scheduled for 20 June 2019, but in the meantime the Parish Council cannot exercise any of its functions.

It was noted that Section 91 of the Local Government Act 1972 provided the Council with the necessary power to make an Order to ensure that Tillingham Parish Council continued to function for the benefit of its local community.  The Council was therefore requested to consider making the necessary Order.  Members noted the proposed payment and banking arrangements for the Parish should the Council agree the proposed recommendations.

Councillor A S Fluker referred to the work of the previous Chairman of the Parish Council and proposed that recommendation (i) be amended and five persons be appointed as quorate would be three Members.  He further proposed that the following Members be appointed to Tillingham Parish Council and that recommendation (ii) as set out in the report be agreed:

·                 Councillor R P F Dewick – as Ward Member

·                 Councillors Mrs P A Channer CC and M W Helm – adjoining Ward Members

·                 Councillors R G Boyce MBE as Chairman of the Council 

·                 Councillor A S Fluker

These proposals were duly seconded and agreed.

RESOLVED

(i)              that the Council makes an Order under Section 91 of the Local Government Act 1972 appointing the following five persons to act as Members of Tillingham Parish Council until other Councillors are elected and take up office.

·                 Councillor R P F Dewick – as Ward Member

·                 Councillors Mrs P A Channer CC and M W Helm – adjoining Ward Members

·                 Councillors R G Boyce MBE as Chairman of the Council 

·                 Councillor A S Fluker

(ii)            that subject to (i) above the Council shall:

·                 provide payment and banking arrangements for the Parish Council, subject to payment authorisation arrangements in line with Tillingham Parish Council Standing Orders, with any costs to be repaid in full as soon as the Parish Council banking mandates have been updated to reflect new arrangements;

·                 seek to recover its reasonable costs in providing support to the parish council (if arrangements continue for a period exceeding three months).

To consider the addition of an extraordinary meeting of the Council on Thursday 25 July 2019.

RESOLVED that an extraordinary meeting of the Council on Thursday 25 July 2019 be added to the Schedule of Meetings for 2019 / 20.

The Chairman announced that in accordance with Section 100B(4) of the Local Government Act 1972 he had agreed to allow the Director of Resources to raise an urgent items of business seeking appointment of persons to Asheldham and Dengie Parish Council.  It was noted that it was necessary to consider and make a decision on this item prior to the next meeting of the Council to enable the work of the Parish Council to continue.

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

The Council considered the report of the Director of Resources, seeking approval for the temporary appointment of three persons to Asheldham and Dengie Parish Council to enable the work of the Parish Council to continue until other councillors were elected to take up office.

Members were advised that following the resignation of one Parish Councillor Asheldham and Dengie Parish Council was inquorate and therefore unable to exercise its functions. 

It was noted that Section 91 of the Local Government Act 1972 provided the Council with the necessary power to make an Order to ensure that Asheldham and Dengie Parish Council continues to function for the benefit of its local community.  The Council was therefore requested to consider making the necessary Order.  Members noted the proposed payment and banking arrangements for the Parish should the Council agree the proposed recommendations.

Councillor A S Fluker proposed that recommendation (i) be amended and two persons be appointed.  He further proposed that the following Members be appointed to the Parish Council and that recommendation (ii) as set out in the report be agreed:

·                 Councillor R P F Dewick – as Ward Member

·                 Councillor A S Fluker – as he had previously served on this Parish Council.

These proposals were duly seconded and agreed.

RESOLVED

(i)              that the Council makes an Order under Section 91 of the Local Government Act 1972 appointing the following two persons to act as Members of Asheldham and Dengie Parish Council until other Councillors are elected and take up office.

·                 Councillor R P F Dewick – as Ward Member

·                 Councillor A S Fluker – as he had previously served on this Parish Council.

(ii)            that subject to (i) above the Council shall:

·                 provide payment and banking arrangements for the Parish Council, subject to payment authorisation arrangements in line with Asheldham and Dengie Parish Council Standing Orders, with any costs to be repaid in full as soon as the Parish Council banking mandates have been updated to reflect new arrangements;

·                 seek to recover its reasonable costs in providing support to the parish council (if arrangements continue for a period exceeding three months).