Agenda and minutes

Statutory Annual Council - Thursday 12th May 2016 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

Minutes:

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

3.

Chairman's Statutory Declaration of Acceptance of Office

Minutes:

Councillor P G L Elliott made the Statutory Declaration of Acceptance of the Office of Chairman of the Council.

 

IN THE CHAIR  :  COUNCILLOR P G L ELLIOTT

4.

Appointment of Vice-Chairman

Minutes:

It was proposed by Councillor P G L Elliott, and seconded by Councillor Miss M R Lewis that Councillor H M Bass 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 H M Bass be re-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.

Minutes:

Councillor H M Bass 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, A T Cain,
C A R MacKenzie and N R Pudney.  It was noted that Councillor Miss S White would be arriving late.

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:

Councillor S J Savage disclosed a pecuniary interest in Agenda Item 9 – Minutes of the meeting of the Council held on 7 April 2016 as the serious crime directorate had been called in.

 

Councillor Mrs P A Channer disclosed a non-pecuniary interest an Essex County Councillor.  She advised that the Finance and Corporate Services Committee had made a recommendation to the Council regarding Essex Superfast Broadband, that she was Chairman of the Essex Superfast Broadband Steering Group and would leave the chamber for consideration of that recommendation as she had also previously left the meeting of the Planning and Licensing Committee when it had discussed this item of business.

8.

Minutes - 31 March 2016 pdf icon PDF 130 KB

Minutes:

RESOLVED

 

(i)              that the Minutes of the extraordinary meeting of the Council held on 31 March 2016 be received.

 

Minute 1050 – Exclusion of the Public and Press

It was noted that this Minute should read “RESOLVED that under Section 100A…”.

 

RESOLVED

 

(ii)            that subject to the above amendment, the Minutes of the extraordinary meeting of the Council held on 31 March 2016 be received.

 

In accordance with his earlier declaration, Councillor S J Savage left the meeting at this point.

9.

Minutes - 7 April 2016 pdf icon PDF 134 KB

Minutes:

RESOLVED that the Minutes of the meeting of the Council held on 7 April 2016 be received and adopted.

 

Councillor Savage returned to the Chamber.

10.

Chairman's Announcements

Minutes:

The Chairman thanked Members for their support over the last year and for re-appointing him as Chairman of the Council.  He advised that this year he wanted Members to concentrate on Procedure Rule 8 specifically Members only speaking once on a proposition.  The Chairman explained that the exception to this should be at Planning meetings where Ward Members would be allowed to speak initially to put the Ward opinion and then again following discussions to round up the debate. 

 

The Chairman talked about taking pride out into the Community and how with input from Members the business awards would take place this year along with the awards for staff member of the year.  He informed the Council that he also wished to inaugurate a charity or volunteers reception and sought any ideas / suggestions from Members.

 

Referring to ‘sad news’ the Chairman advised of the forthcoming departure of Mr Ray Ware, IT Manager.  The Chairman provided those present with a brief history of Mr Ware’s time at Maldon and then handed over to the Leader of the Council who made a presentation to Mr Ware on behalf of all the Members.  Mr Ware thanked Members and Officers, both past and present, and commented that Maldon District Council was a fantastic place to work.

 

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

 

08/04/2016

Brentwood Civic Dinner

12/04/2016

Essex Millennium Fund Awards Ceremony

14/04/2016

RNLI Maldon and District Branch Annual General Meeting (Vice-Chairman)

15/04/2015

Thurrock Civic Dinner

19/04/2016

Maldon Town Council Annual Town Meeting

20/04/2016

Living Well Event, Blackwater Leisure Centre

20/04/2016

Primary School Music Festival - Plume School

21/04/2016

Maldon District Council Chairman's Barge Trip

21/04/2016

HM The Queen's 90th Birthday Celebrations - Lighting of Beacon, Maldon Promenade Park

21/04/2016

HM The Queen's 90th Birthday Celebrations - Lighting of Beacon, Burnham Town Council (Vice-Chairman)

22/04/2016

Uttlesford St George's Day Dinner

27/04/2016

Primary School Music Festival - Plume School

28/04/2016

Action for Family Carers Celebration Cream Tea

29/04/2016

Rochford Civic Thanksgiving Service

01/05/2016

Castle Point Borough Council Civic Service (Vice-Chairman)

06/05/2015

Opening of the Museum, Stow Maries Great War Aerodrome (Vice-Chairman)

 

11.

Minutes of North Western Area Planning Committee - 4 April 2016

Minutes:

RESOLVED that the Minutes of the meeting of the North Western Area Planning Committee held on 4 April 2016 be received and adopted.

12.

Minutes of the South Eastern Area Planning Committee - 11 April 2016

Minutes:

RESOLVED that the Minutes of the meeting of the South Eastern Area Planning Committee held on 11 April 2016 be received and adopted.

13.

Minutes of Community Services Committee - 12 April 2016

Minutes:

RESOLVED

 

(i)              that the Minutes of the meeting of the Community Services Committee held on 12 April 2016 be received.

 

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

 

Minute 1136 – Affordable Rural Housing

 

RESOLVED

 

(ii)            that the cessation of the Rural Housing Task Group be approved and notice be given to the Rural Community Council for Essex that the Council will no longer financially contribute or directly benefit from the work of their Rural Housing Enabler.

 

Minute 1140 – Essex Countrywide Traveller Committee and Traveller Unit

 

RESOLVED

 

(i)              That the Council’s membership of the Essex Countrywide Traveller Committee be renewed through the signing of the Essex Countrywide Traveller Committee Agreement 2015 (as set out in APPENDIX 2 to the Minutes of the Committee).

 

RESOLVED

 

(ii)            that subject to the above decision, the Minutes of the meeting of the Community Services Committee held on 12 April 2016 be adopted.

14.

Minutes of Overview and Scrutiny Committee - 13 April 2016

Minutes:

RESOLVED

 

(i)              that the Minutes of the meeting of the Overview and Scrutiny Committee held on 13 April 2016 be received.

 

Minute 1150 – Use of Microphones and Sound Recording Equipment

It was noted that the fourth paragraph on page 59 relating to this Minute should read “…the Chairman of the Committee must be informed.”

 

RESOLVED

 

(ii)            that subject to the above amendment, when confirmed, the Minutes of the meeting of the Overview and Scrutiny Committee held on 13 April 2016 be adopted.

15.

Minutes of Planning and Licensing Committee - 18 April 2016

Minutes:

RESOLVED

 

(i)                 that the Minutes of the meeting of the Planning and Licensing Committee on 18 April 2016 be received

 

Minute 1157 – Disclosure of Interest

Councillor Mrs P A Channer advised that her declaration of interest required further clarification as she had vacated the chair, left the chamber and not voted on the matter relating to Essex Superfast Broadband.

 

Minute 1167 – Any Other Business

In response to a question the Chairman of the Planning and Licensing Committee clarified that at this point in the meeting she was highlighted that she had been asked to consider a matter of urgent business and explaining at this point in the meeting how this had not been allowed and the reasons, in accordance to guidance provided by the Monitoring Officer.

 

Minute 1169 – Superfast Broadband in the Maldon District

It was noted that in the title of this Minute Maldon was spelt incorrectly as Madon.

 

RESOLVED

 

(i)                 that subject to the above amendments when confirmed, the Minutes of the meeting of the Planning and Licensing Committee on 18 April 2016 be adopted.

16.

Minutes of Finance and Corporate Services Committee - 19 April 2016

Minutes:

RESOLVED

 

(i)              that the Minutes of the meeting of the Finance and Corporate Services Committee held on 19 April 2016 be received.

 

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

 

Minute 1179 – Internal Human Resources (HR) Investigations and Proposed Changes to HR Appeals Procedures

 

RESOLVED

 

(i)              that the need for the Members’ Appeals Sub-Committee is replaced by new singular arrangements involving an Appeals Hearing Panel for the handling of appeals arising from HR Policies with the exception of those matters dealt with by the Investigating and Disciplinary Committee as set out and referred to in Appendices 1, 2 and 3 to the minutes of this Committee.

(ii)            that the relevant procedures referred to at Appendix 2 and included in Appendix 3 to the Minutes of the Committee be updated accordingly.

 

(iii)          that the appeals processes for non-statutory roles of Director be incorporated into the existing Investigating and Disciplinary Committee procedures;

 

(iv)          that the Legal and Democratic Services Manager be authorised to make the necessary consequential amendments to the Council’s Constitution to reflect these changes.

 

Minute 1181 – Staff Pay Award 2016 / 17

In response to a question, the Chairman of the Finance and Corporate Services Committee and the Director of Resources provided an update in respect of the 1% pay award.  Members noted that this had yet to be settled and was out for consultation with the unions.  The Finance and Corporate Services Committee would be advised once it was settled.

 

Minute 1183 – Revised 2016 / 17 Budget

 

RESOLVED

 

(v)            that the revised 2016 / 17 budget as attached at Appendix 4 to the Minutes of the Committee, be approved.

 

In accordance with her earlier declaration, Councillor Mrs P A Channer left the chamber at this point in the meeting.

 

Minute 1185 – Superfast Broadband in the Maldon District

 

RESOLVED

 

(vi)          that a capital contribution of £45,000 (paid over three years of the duration of phase 2a (i.e. Phase 2a for the whole of the Essex wide programme) that is required for funding Phase 2a of the Essex Superfast Broadband Programme, be agreed.

 

Councillor Mrs Channer returned to the chamber.

 

RESOLVED

 

(vii)        that subject to the above decisions, the Minutes of the meeting of the Finance and Corporate Services Committee held on 19 April 2016, be adopted.

17.

Minutes of Central Area Planning Committee - 20 April 2016

Minutes:

RESOLVED that the Minutes of the meeting of the Central Area Planning Committee held on 20 April 2016 be received and adopted.

18.

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

Minutes:

There were none.

19.

Leaders and Composition of Political Groups pdf icon PDF 17 KB

(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.

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

Councillor Miss M R Lewis

Independent

2

Councillor B S Beale MBE

 

It was noted that there were two single Members, Councillor Mrs B E Acevedo (UK Independent Party) and Miss S White (Other), who although not part of a political Group constituted the political make-up of the Council. 

 

In response to a question, the Chief Executive advised that the Leader of the Council was keen to have consistent membership for both the Joint Standards and Investigating & Disciplinary Committees as the skill set required was compatible.  The Chief Executive informed Members that these Committees rarely met and political balance had been considered when allocating these seats.

 

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

 

RESOLVED

 

(i)              that the Leader-designate, Councillor Miss M R Lewis, be ratified as Leader of the Council;

 

Councillor Miss M R Lewis then proposed that Councillor M F L Durham 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

 

(i)              that Councillor M F L Durham be elected as Deputy Leader of the Council for the ensuing Municipal Year.

20.

Appointment of Membership of Committees of the Council pdf icon PDF 31 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, tabled at the meeting.

 

RESOLVED

 

(i)              that the Council notes 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 Councillors Mrs B E Acevedo and Miss S White;

 

(i)              Accordingly, the Council is asked to agree the membership of the Committees of the Council as set out overleaf:

 

Finance and Corporate Services Committee

Councillors:    Mrs B E Acevedo

                         J P F Archer

                         I E Dobson

                         Mrs H E Elliott

                         A S Fluker

                         B E Harker

                         M R Pearlman

                         Rev. A E J Shrimpton

                         D M Sismey

 

Plus ex-officio non-voting Members:

Leader of the Council

Deputy Leader of the Council

Leader of the Opposition

Community Services Committee

Councillors:    Miss A M Beale

                         A T Cain

                         I E Dobson

                         M F L Durham

                         Mrs B D Harker

                         M S Heard

                         Miss M R Lewis

                         R Pratt

                         N R Pudney

                         Miss S White

 

 

Plus ex-officio non-voting Members:

Leader of the Opposition

Planning and Licensing Committee

 

Councillors:    E L Bamford

                         H M Bass

                         B S Beale, MBE

                         R G Boyce MBE, CC

                         Mrs P A Channer, CC

                         P G L Elliott

                         Miss M R Lewis

                         A K M St Joseph

                         S J Savage

                         Mrs M Thompson

 

Plus ex-officio non-voting Members:

Deputy Leader of the Council

Overview and Scrutiny Committee

Councillors:    E L Bamford

                         H M Bass

                         Mrs P A Channer, CC

                         R P F Dewick

                         M W Helm

                         M S Heard

                         N R Pudney

                         S J Savage

Audit Committee

Councillors:    M F L Durham

                         Mrs H E Elliott

                         A S Fluker

                         B E Harker

                         M S Heard

                         R Pratt

                         A K M St Joseph

                         Mrs M E Thompson

Joint Standards Committee

Councillors:    Mrs B E Acevedo

                         R G Boyce MBE, CC

                         M R Pearlman

                         Rev. A E J Shrimpton

                         Mrs M E Thompson

 

Parish Councillors:

                      Councillor B Ledger

                      Councillor S Nunn

Investigating and Disciplinary Committee

Councillors:    Mrs B E Acevedo

                         R G Boyce MBE, CC

                         M R Pearlman

                         Rev. A E J Shrimpton

                         Mrs M E Thompson

Appointments Committee

 

Procedure Rule 16 (6) provides for the Chairman of the Council, the Leader of the Council and Leader of the Opposition, plus up to three other Members.

                         Leader of the Council

                         Chairman of the Council

                         Leader of the Opposition

 

Councillors      M F L Durham

                         Mrs B D Harker

 

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

 

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

                      C A R MacKenzie

                      M R Pearlman

                      S J Savage

                      Rev. A E J Shrimpton

 

Plus ex-officio non-voting Member:

Chairman of Planning and Licensing

North Western Area Planning Committee

Councillors  ...  view the full minutes text for item 20.

21.

Adjournment of meeting

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 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.

22.

Resumption of Business

Minutes:

RESOLVED that the business of the Annual Meeting of the Council be resumed at 8:35pm.

23.

Appointment of Representatives to Local Government and Outside Bodies pdf icon PDF 40 KB

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

Minutes:

The report was circulated at the meeting.

 

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

 

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

 

Councillor Miss S White joined the meeting at this point.

24.

Appointment of Members to serve on Working Groups of the Council pdf icon PDF 27 KB

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

Minutes:

The report was circulated at the meeting.

 

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.

 

RESOLVED

 

(i)              that the Community Engagement Working Group be disbanded;

 

(i)              that the appointments to the Working Groups as set out below be confirmed.

 

Community Hospital Working Group

Leader of the Council

Leader of the Opposition Party

Councillor Mrs P A Channer CC

Councillor P G L Elliott

Councillor Mrs B D Harker

Councillor R Pratt

Councillor N R Pudney

Community Services and Hospital Project Board

Councillor Mrs P A Channer CC

Councillor Mrs B D Harker

Corporate Governance Working Group

Councillor B S Beale MBE

Councillor H M Bass

Councillor M F L Durham

Councillor P G L Elliott

Councillor A S Fluker

Councillor Mrs M E Thompson

Leader of the Council

Devolution Member Task and Finish Working Group

Leader of the Council

Deputy Leader of the Council

Leader of the Opposition

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

 

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

Transformation Board

Councillor M F L Durham

Councillor A S Fluker

 

25.

Adoption and Confirmation of Minutes of Committees pdf icon PDF 52 KB

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

Minutes:

The Council received the report of the Director of Resources seeking Members’ approval to a change of procedure in terms of the submission to the Council of Minutes of Committees for reception and adoption.

 

The report set out the current practice of receiving and adopting Minutes at meetings of the Council, which Members were advised was felt to serve very little purpose, other than by way of dealing with recommendations.  It was noted that the Council had recently introduced Modern.Gov (a paperless Committee management system) and this provided opportunity to modernise the Council’s process for the adoption and confirmation of Minutes of Committees.  The report set out options for changing current practices.

 

The Leader of the Council presented the report and advised that the Council and Leader and Chief Executive’s forum had been looking at streamlining processes.  She proposed that this matter be referred to the Corporate Governance Working Group to review how an alternative arrangement would work.  At this point a Member made reference to current Standing Orders and the right for Members to question reports before the Council and the impact the draft proposals would have on this.  This was noted.

 

In response to questions, the Leader suggested that if agreed, a report would be brought back to the next meeting of the Council.  The proposal of the Leader of the Council was duly agreed.  It was also agreed that for the purpose of this subject an invitation to join the Corporate Governance Working Group would be extended to Councillor R G Boyce.

 

RESOLVED

 

(i)              that the proposed changes to procedures in terms of the submission to the Council of Minutes of Committees for reception and adoption is referred to the Corporate Governance Working Group for consideration and reported back to the next meeting of the Council;

 

(i)              that Councillor R G Boyce MBE be added to the Membership of the Corporate Governance Working Group for the purpose of consideration of this matter of business.

26.

Chairman Comment

Minutes:

Councillor P G L Elliott advised that as Chairman of the Council had had detached himself from the Conservative Group and represented everyone without any political allegiance.

 

The Chairman then invited all those present to join him for light refreshments in the training room after the meeting.  There being no other items of business the Chairman closed the meeting at 8:42p.m.

Appendix 1 pdf icon PDF 15 KB