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.  He then welcomed newly appointed Councillor P L Spenceley to her first meeting of the Council.

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

It was proposed by Councillor N G F Shaughnessy 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 Mrs P A Channer proposed that Councillor R G Boyce 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 R H Siddall requested a recorded vote, this was duly seconded, and the voting was as follows: 

For Councillor M S Heard:

Councillors M G Bassenger, B S Beale, M R Edwards, M S Heard, C Mayes, N G F Shaughnessy, R H Siddall, N J Skeens, E L Stephens, Mrs J C Stilts and C Swain.

For Councillor R G Boyce:

Councillors Miss A M Beale, R G Boyce, Mrs P A Channer, R P F Dewick, M F L Durham, Mrs J L Fleming, A S Fluker, M W Helm, B B Heubner, A L Hull, J V Keyes, K M H Lagan, S J N Morgan, C P Morley, S P Nunn, W Stamp, Mrs M E Thompson and S White.

Abstention:

Councillors V J Bell and P L Spenceley.

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

Councillor M S Heard thanked Members for the privilege of steering the Council through its most difficult, challenging and turbulent times over the last two terms.  He paid tribute to staff, Members and their families, both past and present and praised senior staff.  Councillor Heard continued thanking the Committee Clerks, Civic Support Officers and his Vice-Chairman, Councillor Carlie Mayes who had been an invaluable help to him.  He hoped the Council could now look forward to working together, challenging where necessary.

IN THE CHAIR: COUNCILLOR R G BOYCE MBE

Chairman to make the Statutory Declaration of Acceptance of Office.

Councillor R G Boyce 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 R G Boyce) and seconded by Councillor M F L Durham that Councillor S P Nunn be elected as Vice-Chairman of the Maldon District Council for the Municipal Year. 

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

In accordance with Procedure Rule No. 13 (3) Councillor R H Siddall requested a recorded vote, this was duly seconded, and the voting was as follows: 

For Councillor S P Nunn:

Councillors Miss A M Beale, R G Boyce, Mrs P A Channer, R P F Dewick, M F L Durham, Mrs J L Fleming, A S Fluker, M W Helm, B B Heubner, A L Hull, J V Keyes, K M H Lagan, S J N Morgan, C P Morley, S P Nunn, W Stamp, Mrs M E Thompson and S White.

For Councillor C Swain:

Councillors M G Bassenger, B S Beale, M R Edwards, M S Heard, C Mayes, N G F Shaughnessy, R H Siddall, N J Skeens, E L Stephens, Mrs J C Stilts and C Swain.

Abstention:

Councillors V J Bell and P L Spenceley.

RESOLVED that Councillor S P Nunn 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 S P Nunn made the Statutory Declaration of Acceptance of the Office of Vice-Chairman of the Council.

The Chairman thanked Members for electing him to this position and he endorsed the earlier statement made by Councillor Heard.  He referred to the conduct of Councillor Heard in the role as Chairman of the Council as being extraordinary and he highlighted how Councillor Heard had worked at times under extreme pressure.  The Chairman also welcomed Councillor Spenceley to the meeting.

The Chairman advised the Council that he would be a-political in the Chamber and would discontinue any association with the Conservative Group.  However because of the 1989 Local Government and Housing Act and political balance he would remain a Member of the Conservative Group.

Councillor S P Nunn informed the Council that he was an Independent Non-Aligned Councillor and would not be joining any political group or showing political bias.

There were none.

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).

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

To confirm the Minutes of the meeting of the Council held on 31 March 2022, (copy enclosed).

RESOLVED

(i)               that the Minutes of the meeting of the Council held on 31 March 2022 be received.

Minute 15 – Questions to the Leader of the Council in Accordance with Procedure Rule 1(3)(M)

Councillor A S Fluker raised that he was still outstanding a response to questions he had raised and the Chairman advised that he would look into this and ensure a written response was provided.

RESOLVED

(ii)              that the Minutes of the Council meeting held on 31 March 2022 be approved and confirmed.

There were none.

To note that since the last meeting of the Council, up until Wednesday 4 May 2022 (Council agenda dispatch) the following Committees have met, and to receive any questions in accordance with Council and Committee Procedure Rule 6 (2).

The Council noted the list of Committees that had met before and since the last meeting of the Council, up until Wednesday 4 May 2022 for which Minutes had been published.

In accordance with notice duly given under Procedure Rule 4, Councillor A S Fluker to move the following Motions, duly seconded by Councillor R P F Dewick and M W Helm:

“Motion One

Preamble:

With reference to the Cost Decision Appeal Ref/APP/X1545/W/21/3281036 Land South of Charwood and east of Orchard House, Stoney Hills, Burnham-on-Crouch, CM0 8QA and in the best interests of maintaining the status of the Council as a Local Planning Authority.

Motion to Council:

With regards to openness, transparency, and public interest the Council writes to the Planning Inspector appointed by the Secretary of State Mr Terrance Kemmann-Lane JP DipTP FRTPI MCMI asking him to evidence his findings of ‘substantive’ ‘unreasonable behaviour’ and pre-determination by ‘elected members’. And that the Council appoints an Independent Person to conduct a review of the decision notice and report their findings to Council.

Motion Two

Preamble:

With regards the Planning Cost Decisions awarded against the Council reference, Appeal Ref/APP/X1545/W/21/3281036, Appeal Ref/APP/X1545/W/21/3283478, Appeal Ref APP/X1545/C/21/3275000 and others.

For the municipal years 22/3, 23/4 and 24/5 the Council is forecasting significant shortfalls in its budgets. The cost decisions referred to above and others along with legal and professional fees incurred by the Council when defending appeals will substantially increase unaccounted expenditure and therefore widen the budget gaps further. As a result of these additional costs the Council will need to draw down and use its cash reserves, public funds to enable it to continue to provide services to residents.

Motion to Council:

With regards fiscal propriety, public interest, and value to customers the Director of Resources in his role under S151 Local Government Act 1972 brings forward an Autumn Budget for consideration by Council.

Motion Three

Preamble

With refence to Part 4 of the Procedure Rules, Rule 1,3(m) rule – Leaders’ Questions.

Motion to Council:

With regards public interest, openness, democracy, and transparency that Part 4 of the Rules of Procedure, Rule 1, 3 (m) be amended from:

(m)   Questions (which may be made without notice) to the Leader of the Council (or in his absence the Deputy Leader) (other than at the Annual Meeting, and at the meetings referred to in (h) above) for a maximum of 15 minutes and not beyond 10.00pm unless such period is extended with the mutual agreement of the Chairman of the Council and the Leader (or Deputy Leader).

to:

(m)   Questions (which may be made without notice) to the Leader of the Council (or in his absence the Deputy Leader) (other than at the Annual Meeting, and at the meetings referred to in (h) above) for a maximum of 15 minutes allocated to the asking of questions. Where the Leader or (Deputy Leader in their absence) is unable to answer a question, the answer will be given by a written response from the Leader to all members within 5 working days.

Motion Four

Motion to Council:

With regards public interest, customer service and satisfaction and performance management the director of Service Delivery updates the next meeting  ...  view the full agenda text for item 11.

Councillor A S Fluker raised a point of order and suggested that the Chairman consider referring the four Motions to specific Committees for consideration. 

The Chairman agreed with Councillor Fluker and ruled that the Motions would be referred in a timely manner to Committees of the Council as follows:

·                 Option 1 – to the Joint Standards Committee;

·                 Options 2 and 4 – to the Strategy and Resources Committee;

·                 Option 3 – to the Performance, Governance and Audit Committee.

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)             That the Council considers ratification of the Leader-designate as Leader of the Council.

(iii)            That the Council elects 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 of the Council were as follows:

In accordance with the Council’s Constitution, it was noted that Councillor R H Siddall was therefore recognised as Leader-designate. 

The Chairman moved recommendation (i) as set out on the agenda, to consider the contents of the report on the Leaders and composition of each political group and this was duly noted. 

Moving onto appointment of a Leader of the Council, the Chairman advised that as the Council had an insitu Leader and Leader Designate he would be using Rule 23 and calling for nominations for Leader of the Council. 

In accordance with Procedure Rule No. 13 (3) Councillor R H Siddall requested a recorded vote. 

The Lead Legal Specialist and Monitoring Officer advised the Council that the Council’s Procedure Rules referred to ratification of the Leader Designate at the Annual Meeting.  That was Councillor Siddall however it was ultimately the final ruling of the Chairman on how he ran the meeting and to not follow Procedure Rules and call for nominations for Leader of the Council was within his domain to do so.

Nominations for Leader of the Council, duly seconded, were received for Councillors Mrs P A Channer and R H Siddall.

The Chairman put these nominations to the Council and the voting was as follows:

For Councillor Mrs Channer:

Councillors Miss A M Beale, R G Boyce, Mrs P A Channer, R P F Dewick, M F L Durham, Mrs J L Fleming, A S Fluker, M W Helm, B B Heubner, A L Hull, J V Keyes, K M H Lagan, S J N Morgan, C P Morley, S P Nunn, W Stamp, Mrs M E Thompson and S White.

For Councillor R H Siddall:

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

Abstention:

Councillors B S Beale and P L Spenceley.

The Chairman declared that Councillor Mrs Channer was therefore elected as Leader of the Council.

The Chairman moved to recommendation (ii) as set out in the report and sought nominations for Deputy Leader of the Council.  Nominations  ...  view the full minutes text for item 13.

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 serving Members to Committees for the Municipal year to May 2023.

The Chairman moved recommendations (i) and (ii) as set out in the report and these were duly agreed.

The Chairman drew Members’ attention to recommendation (iii) in the report and Appendix A which detailed nominations received from the Independent and Conservative Groups.  He advised that there were a number of Committees where the Council would need to nominate and appoint a non-aligned Councillor to.

In response to a question regarding the allocation of seats and non-aligned Members, the Chairman explained that the report set out the proportional allocation on Committees and how the Local Government and Housing Act 1989 set out the provision to do this.  It was for the Council to allocate Members to Committee.

The Leader of the Council, Councillor Mrs P A Channer, proposed the following nominations to Committees which was duly seconded:

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

At this point the Chairman advised that Membership of the Appointments Board would be considered following the appointment of Committee Chairmen.

The Chairman then asked Councillor R H Siddall, Leader of the Opposition, for his nominations.  Councillor Siddall proposed that Councillor P L Spenceley be appointed to the Performance Governance & Audit and Strategy & Resources Committees. 

In response Councillor Spenceley advised that she did not wish to be appointed to these Committees but was happy to be appointed to the Overview and Scrutiny Committee.  This was duly noted.

The Chairman then put the proposals of Councillor Mrs Channer to the Council, and these were duly agreed.

The Chairman referred to recommendation (iv) as set out in the report and the Leader of the Council advised the Council of the reasoning behind the proposed change.  The Chairman put the recommendation to the Council, and this was duly agreed.  Councillors V J Bell and C Mayes requested that their vote against this recommendation be noted.

The Chairman advised that the Council needed to agree the Town and Parish representatives on the Joint Standards Committee and advised that three nominees had been received, these being Councillors Todd, Pearlman and Shrimpton.  Accordingly he called for vote on each of the nominees and following this declared that Councillors M R Pearlman and N R Todd were elected to the Joint Standards Committee.

RESOLVED

(i)               The  ...  view the full minutes text for item 14.

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 8:30pm  to allow special meetings of Committees 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 at 8:56pm.

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 Council, for a nomination from her Political Group to this Board.

Councillor Mrs Channer proposed Councillor A S Fluker.  This proposal was duly seconded.

The Chairman confirmed that the following posts were automatically allocated to the Appointments Board:

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

Leader of the Opposition (Councillor R H Siddall)*

* or their deputies

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

Councillor R H Siddall proposed that Councillor C Mayes be appointed to the Appointments Board.  This was duly seconded.

The Chairman then put the two nominations to the Council which were duly agreed.

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

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

Leader of the Opposition (Councillor R H Siddall)*

* or their deputies

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

Councillors:       A S Fluker

                          C Mayes

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.

Councillor R H Siddall proposed that Councillor M R Edwards be appointed to the Local Area Highways Panel for the Central Area.  This proposal was duly seconded.

Councillor Mrs P A Channer proposed that Councillors A L Hull, S J N Morgan and S P Nunn be appointed to the Local Area Highways Panel.  This was duly seconded.

The Chairman advised that the Council’s protocol was to appoint one Member from each of the Area Planning Committees to the Local Area Highways Panel.  He informed the Council that a vote would be taken on the names proposed.

Councillor C Swain proposed that Councillor Siddall be appointed to the Local Area Highways Panel.  This proposal was duly seconded.

The Chairman then put the proposal in the name of the Leader of the Council, that Councillors Hull, Morgan and Nunn be appointed to the Local Area Highways Panel.  In accordance with Procedure Rule No. 13 (3) Councillor R H Siddall requested a recorded vote.  This was duly seconded, and the voting was as follows:

For the recommendation:

Councillors Miss A M Beale, Mrs P A Channer, R P F Dewick, M F L Durham, Mrs J L Fleming, A S Fluker, M W Helm, B B Heubner, A L Hull, J V Keyes, K M H Lagan, S J N Morgan, C P Morley, S P Nunn, W Stamp, Mrs M E Thompson and S White.

Against the recommendation:

Councillors M G Bassenger, B S Beale, V J Bell, M R Edwards, M S Heard, C Mayes, N G F Shaughnessy, R H Siddall, N J Skeens, E L Stephens, Mrs J C Stilts and C Swain.

Abstention:

Councillors R G Boyce and P L Spenceley.

The Chairman advised that the proposal had therefore been agreed.  The Council then agreed recommendation (i) as set out in the report.

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.

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

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

The Council considered the report of the Director of Strategy, Performance and Governance presenting an annual update on the activities of the Overview and Scrutiny Committee.

The annual report for 2021 / 22 had been agreed by the Overview and Scrutiny Committee at its last meeting and was set out in Appendix 1 to the report.  It was noted that the annual reporting arrangements ensured a degree of accountability to the Council.

Councillor V J Bell advised how it had been her pleasure to serve as Chairman of the Overview and Scrutiny Committee for the past year.  Councillor Bell outlined some of the work that had been undertaken and how the Working Group set up to review scrutiny requests coming forward from Members had worked well.  In addition to the scrutiny items reported in the Appendix Councillor Bell advised that there was one item raised by Councillor White outstanding and hoped this would be taken forward by the new Committee. 

RESOLVED that the annual report of the Overview and Scrutiny Committee for 2021 / 22 be accepted.

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

The Council considered the report of the Director of Resources seeking consideration of the feasibility to set up and support the live streaming from Burnham Town Council (BTC) Offices for the South Eastern Area Planning Committee (SEAPC). 

Following the decision of the Council to move the meeting back to the Town Council Offices the Council’s IT specialist team had carried out a detailed site survey to advise on Committee meeting live streaming options for the venue.  Appendix A to the report set out the findings of this survey.

The Leader of the Council presented the report and outlined the three recommendations set out in the report.  She noted that Officers were proposing that option four be agreed by the Council. 

Councillor A S Fluker spoke in favour of option four and proposed that option four be agreed.  This proposal was duly seconded.

A debate ensued.  A number of Members spoke in support of meetings returning to the BTC offices and the benefit this had to local residents.  Some concern was raised regarding the change of venue and this was also discussed by Members.

In response to questions the Lead Specialist ICT Infrastructure provided the Council with some further information regarding the proposed installation if option four was agreed.

In accordance with Procedure Rule No. 13 (3) Councillor C Mayes requested a recorded vote. 

The Chairman then put the proposal in the name of Councillor Fluker to the Council.  He advised that there being a majority Option Four was therefore agreed.  Councillor Mayes requested that her dissent be recorded.

RESOLVED that Members allocate funding for the costs of Maldon District Council Officers to implement the preferred Option Four (as detailed in Appendix A to the report).

There was none.

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 Part1of Schedule 12A to the Act, and that this satisfies the public interest test.

Councillor N J Skeens left the meeting at this point and did not return.

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

The Council considered the report of the Director of Service Delivery updating Members on progress made with commercial options for the Princes Road project following approval to commence with the feasibility review by the Council on 31 March 2022.

It was noted that work on the feasibility study would continue and a formal update brought the next meeting of the Council.

RESOLVED that the contents of the report be noted.