Agenda and minutes

The Chairman welcomed everyone to the Statutory Annual meeting of the Council and went through some general housekeeping arrangements for the meeting.

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

It was proposed by Councillor S P Nunn and seconded by Councillor C Mayes that Councillor M S Heard be elected as Chairman of the Maldon District Council for the ensuing Municipal Year.

Councillor C P Morley proposed that Councillor M F L Durham be elected as Chairman of the Maldon District Council for the ensuing Municipal Year.  This was duly seconded by Councillor Mrs M E Thompson.

In accordance with Procedure Rule No. 13(3) Councillor C Morris requested a recorded vote.  This was not supported.

The Chairman then put the proposal that Councillor M S Heard be elected as Chairman to the Council.  Upon a vote being taken this was duly agreed.

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

Chairman to make the Statutory Declaration of Acceptance of Office.

Councillor M S Heard made the Statutory Declaration of Acceptance of the Office of the Chairman of the Council.

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

It was proposed by the Chairman (Councillor M S Heard) and seconded by Councillor W Stamp that Councillor C Mayes be elected as Vice-Chairman of the Maldon District Council for the Municipal Year. 

There being no further nominations and a vote being taken it was:

RESOLVED that Councillor C Mayes be elected as Vice-Chairman of the Maldon District Council for the Municipal Year.

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

Councillor C Mayes made the Statutory Declaration of Acceptance of the Office of Vice-Chairman of the Council.

Apologies for absence were received from Councillor R G Boyce MBE, R P F Dewick and Miss S White.

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 N Skeens advised that the paragraph numbers referred to on the agenda in relation to this item were incorrect and should be paragraphs 8 – 12.  The Chairman advised that this had been noted.

Councillors M F L Durham, Mrs J L Fleming and W Stamp each declared a non-pecuniary interest as a Member of Essex County Council.

To confirm the Minutes of the meeting of the Council held on 18 March 2021 (copy enclosed).

RESOLVED that the Minutes of the meeting of the Council held on 18 March 2021 be received and adopted.

To confirm the Minutes of the extraordinary meeting of the Council held on 29 April 2021 (copy enclosed).

RESOLVED that the Minutes of the extraordinary Council meeting held on 29 April 2021 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 their presence at the meeting and for all staff who had been involved in setting up the meeting.

RESOLVED that the Minutes of the Performance, Governance and Audit Committee held on 24 March 2021 be agreed.

To note that since the last meeting of the Council, up until Wednesday 12 May 2021 (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 12 May 2021 for which Minutes had been published.

In accordance with notice duly given under Procedure Rule 4, Councillor M W Helm to move the following Motion duly seconded by Councillor A S Fluker:

“Motion One:

To prevent Filibustering the 15 minutes allocated for Questions to the Leader applies only to the time taken by the member to ask questions and not the time taken for a reply to be made.

Motion Two:

In the best interest of public understanding the policy of the administration, if the Leader of the Council is unable to answer a question put to them during Questions to the Leader, the Leader should not defer, but provide a written response to Council.

Motion Three:

That an item Questions to the Leader, is included on the agenda of all Council meetings.”

In accordance with Procedure Rule 4, the Chairman advised that three motions proposed by Councillor M W Helm and seconded by Councillor A S Fluker had been received.

Councillor Helm read out his Motions (as set out below):

“Motion One:

To prevent Filibustering the 15 minutes allocated for Questions to the Leader applies only to the time taken by the member to ask questions and not the time taken for a reply to be made.

Motion Two:

In the best interest of public understanding the policy of the administration, if the Leader of the Council is unable to answer a question put to them during Questions to the Leader, the Leader should not defer, but provide a written response to Council.

Motion Three:

That an item Questions to the Leader, is included on the agenda of all Council meetings.”

Members discussed the three motions and a number of comments were made. 

Councillor C Morris proposed an amendment that each motion was voted on individually. 

In response to some comments made by Councillor Morris, Councillor Mrs P A Channer raised a Point of Order advising that the comments were offensive and should not be made in this forum.  In response to a question from the Chairman, Councillor Morris advised he would not withdraw his comments.

Further debate ensued.

In response to a question as to whether the Motions, if agreed, resulted in a change to the Constitution, the Lead Legal Specialist and Monitoring Officer provided Members with some explanation and advised that they would not physically change the Constitution.

Councillor Fluker, as the seconder to the Motions provided the Council with further clarification in respect of each Motion.

At this point Councillor V J Bell seconded the proposal by Councillor Morris to take each motion separately.

In accordance with Procedure Rule No. 13 (3) Councillor M W Helm requested a recorded vote.  This was duly seconded.

The Lead Legal Specialist and Monitoring Officer advised the Council that an amendment was not required to take each Motion separately as they were separate Motions so would be voted on individually under normal procedure.

The Chairman then put Motion One as set out above to the Council and the voting was as follows:

For the recommendation:

Councillors Mis A M Beale, B S Beale, Mrs P A Channer, M F L Durham, Mrs J L Fleming, A S Fluker, M W Helm, B B Heubner, A L Hull, J V Keyes, C P Morley, C Morris and Mrs M E Thompson.

Against the recommendation:

Councillors M G Bassenger, V J Bell, M R Edwards, M S Heard, K W Jarvis, K M H Lagan, C Mayes, S P Nunn, N G F Shaughnessy, R H Siddall, N J Skeens, W Stamp, E L Stephens, Mrs J C Stilts and C Swain.

Abstention:

There were none.

The Chairman then put Motion Two as set out above to the Council and the voting was as follows:

For the recommendation:

Councillors Mis A M Beale, Mrs  ...  view the full minutes text for item 14.

There were none.

(i)              To consider the report of the Director of Strategy, Performance and Governance 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 Director of Strategy, Performance and Governance, circulated prior to the meeting.  As required by the Local Government and Housing Act 1989, the Director of Strategy, Performance and Governance had been notified that the composition of the political Groups on the Council were as follows:

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

RESOLVED

(i)               that the Leader-designate, Councillor W Stamp, be ratified as Leader of the Council;

Councillor M S Heard then proposed that Councillor S P Nunn be elected as Deputy Leader of the Council and this was seconded by Councillor C Mayes  There being no further nominations it was:

RESOLVED

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

To appoint Members to serve on Committees, as required by Procedure Rule 17.  (Report of the Director of Strategy, Performance and Governance 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 Director of Strategy, Performance and Governance, circulated prior to the meeting to appoint Members to Committees for the municipal year to May 2022.

The Chairman drew Members’ attention to recommendation (iii) in the report, advising that there were a number of Committees where the Council would need to nominate and appoint a non-aligned Councillor to.  Members were also advised that Membership of the Appointments Board would be considered following the appointment of Committee Chairmen.

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

The Council then moved onto appointment a non-aligned Councillor to the Committees set out the report.  The nominations and voting is as follows:

·                 Performance Governance and Audit Committee:
The Leader of the Council nominated Councillor K W Jarvis to this Committee.  This proposal was duly seconded and agreed.

·                 Strategy and Resources Committee:
The Leader of the Council nominated Councillor K W Jarvis to this Committee.  This proposal was duly seconded and agreed.

·                 Licensing Committee:
The Leader of the Council nominated Councillor K W Jarvis to this Committee.  This proposal was duly seconded and agreed.

·                 Joint Standards Committee:
The Leader of the Council nominated Councillor K W Jarvis to this Committee.  This proposal was duly seconded and agreed.

·                 Investigatory and Disciplinary Committee:
The Leader of the Council nominated Councillor K W Jarvis to this Committee.  This proposal was duly seconded and agreed.

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:

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 Performance, Governance and 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 Strategy and Resources 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 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 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 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

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

RESOLVED that the meeting be adjourned at 10:48am to allow special meetings to be held as follows:

Performance, Governance and Audit Committee, Strategy and Resources Committee, Licensing Committee, Overview and Scrutiny Committee (including Overview and Scrutiny Committee acting as the Crime and Disorder Committee), Joint Standards Committee, Investigating and Disciplinary Committee, District Planning Committee, Central Area Planning Committee, North Western Area Planning Committee and South Eastern Area 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 in open session at 11:30am.

The Chairman advised Members that the Council needed to confirm the Membership of the Appointments Board now that Committee Chairmen had been appointed.  He asked Councillor Mrs P A Channer, Leader of the Opposition, for a nomination from her Political Group to this Board.

Councillor Mrs Channer proposed Councillor Mrs J L Fleming.

The Chairman then advised the Council that the proposed membership of the Appointments Board was therefore as follows:

Leader of the Council (Councillor W Stamp CC)*

Leader of the Opposition (Councillor Mrs P A Channer)*

* or their deputies

Chairman or Vice-Chairman of the Strategy & Resources and Performance, Governance & Audit Committees

Councillors:      Mrs J L Fleming, CC

                          M W Helm

This was duly seconded and agreed.

RESOLVED that the membership of the Appointments Board for the ensuing Municipal Year be agreed as follows:

Leader of the Council (Councillor W Stamp CC)*

Leader of the Opposition (Councillor Mrs P A Channer)*

* or their deputies

Chairman or Vice-Chairman of the Strategy & Resources and Performance, Governance & Audit Committees

Councillors:      Mrs J L Fleming, CC

                          M W Helm

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

The Council considered the report of the Director of Strategy, Performance and Governance, 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.

The Chairman advised that the representatives for the Stow Maries Aerodrome Consultative Committee (SMACC) had not been confirmed and therefore the Council would need to agree the representatives.

The Leader of the Council presented the report and proposed that recommendations (i) and (iii) as set out in the report be approved.  This was duly agreed.

The Leader thanked the Leader of the Opposition and Leader of the Democratic Alliance Group for their collaborative work that had gone into agreeing the Committees, Outside Bodies, Working Groups etc. she then proposed that Councillor S P Nunn and K M H Lagan be appointed to the SMACC.  This proposal was duly seconded.

Councillor Mrs P A Channer, thanked the Leader and proposed Councillor Miss S White be appointed to the SMACC.  She advised that the Group was about making representations oh behalf of residents, how Councillor Miss White was a Ward Member and her knowledge would be beneficial.

The Chairman put the proposal in the name of the Leader of the Council nominating Councillors Nunn and Lagan to the SMACC.  Upon a vote being taken this was duly agreed.

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 Director of Strategy, Performance and Governance (copy to follow).

The Council considered the report of the Director of Strategy, Performance and Governance, circulated prior to the meeting, seeking Members’ agreement to appoint Members to serve on Working Groups of the Council for the municipal year.

The Leader of the Council presented the report, asked Members to note paragraph 3.2 of the report which detailed those Groups which had been removed.  She then proposed that the recommendations as set out in report be agreed.  This proposal was duly seconded and agreed.

RESOLVED that the appointments to the Working Groups as set out APPENDIX 2 to these Minutes be confirmed.

To consider the report of the Chairman of the Overview and Scrutiny Committee, (copy enclosed).

The Council considered the report of the Chairman of the Overview and Scrutiny Committee providing an update on the activities of the Overview and Scrutiny Committee since October 2019 and seeking Members’ approval of future arrangements for the Committee to report on an annual basis to the Council.

The report outlined that to date the Committee had two items of scrutiny on its programme of work and a summary of each item was provided.  Members noted that it was suggested that an annual report from the Committee be received at the Statutory Annual meeting of Council.

The Chairman of the Overview and Scrutiny Committee presented the report and proposed that the recommendation as set out in the report be approved.  This was duly seconded and agreed.

RESOLVED that the principle of the Overview and Scrutiny Committee submitting an annual report on its work to each statutory annual meeting of the Council is endorsed, and that this update is both noted and also accepted as the annual report for 2020 / 21.

To resolve that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

RESOLVED that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

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

The Council considered the report of the Director of Service Delivery advising Members on progress regarding purchase of land and seeking authorisation to allow investigation of the compulsory purchase of additional land.

The report provided background information, including the decision by this Council on 6 August 2020 to purchase the land and Officer enquiries since that date.

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

The Senior Specialist: Legal provided further background information regarding the agreement to purchase land and confirmed the proposed area to be purchased.  In response to a number of questions the Officer provided the Council with additional information including the compulsory purchase process, confirmed that the Parish Council would be kept informed and that she would be reporting back to the Council in respect of negotiations.

The Chairman then put the recommendations set out in the report which were duly agreed.

RESOLVED

(i)               that the Council approves, in principle, to use its Compulsory Purchase powers pursuant to section 17 of the Housing Act 1985 “to compulsorily purchase land, houses or other properties to provide housing accommodation” for the acquisition of the land outlined in red on the draft Map at Appendix 1 to the report (‘the Land’) in order to enable the Council to develop the Land as an affordable Housing Site;

(ii)              that the Director of Service Delivery be authorised to grant written authority to officers to enter onto the Land or other land for the purposes of carrying out surveys pursuant to section 15 of the Local Government (Miscellaneous Provisions) Act 1976;

(iii)            that the Director of Service Delivery be authorised to issue notices requisitioning information from persons in relation to the Land or other land pursuant to section16 of the Local Government Planning Act 1990;

(iv)            that (subject to using all reasonable endeavours to obtain the Land by agreement / private treaty) a detailed report in relation to the proposed Compulsory Purchase Order setting out justification and a statement of reasons will be presented to the Council in due course.

Councillors A S Fluker and M W Helm left the meeting during this item of business and did not return.