Venue: Council Chamber, Maldon District Council Offices, Princes Road, Maldon. View directions
Contact: Committee Services Email: [email protected]
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Chairperson's Notices Minutes: The Chairperson welcomed everyone to the meeting and went through some general housekeeping arrangements for the meeting. |
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Apologies for Absence and Substitution Notice Minutes: Apologies for absence were received from Councillors N R Miller, U G C Siddall-Norman and J C Stilts. In accordance with notice duly given Councillor S J N Morgan was attending as a substitute for Councillor Miller.
At this point Mr Smith, the Independent Person advised that his name was missing from the summons letter and in response the Chairperson advised that this would be corrected for the next meeting. |
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Minutes of the last meeting To confirm the Minutes of the Performance, Governance and Audit Committee held on 5 December 2024 (copy enclosed). Minutes: RESOLVED that the Minutes of the meeting of the Committee held on 5 December 2024 be approved and confirmed. |
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To note the Matters Arising from the last meeting of the Committee (5 December 2024). Minutes: An update on the following matters arising was provided:
· Minute No. 295 – Annual Governance Statement Actions Update - It was noted that the Assistant Director – Programmes, Performance and Governance and Councillor L J Heywood (Chairperson of the Member Training Working Group) had met with Councillor R Pratt and his feedback was fed back to and picked up by the Member Training Working Group.
· Minute No. 288 – Minutes of the Meeting – The Chairperson advised that a follow-up with Mr Smith, Independent Person, the Deputy Chief Executive and herself was being arranged. |
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Disclosure of Interest To disclose the existence and nature of any Disclosable Pecuniary Interests, Other Registrable interests and Non-Registrable Interests relating to items of business on the agenda having regard to paragraph 9 and Appendix B of the Code of Conduct for Members.
(Members are reminded that they are also required to disclose any such interests as soon as they become aware should the need arise throughout the meeting). Minutes: There were none. |
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Public Participation To receive the views of members of the public, of which prior notification in writing has been received (no later than noon on the Tuesday prior to the day of the meeting).
Should you wish to submit a question please complete the online form at: www.maldon.gov.uk/publicparticipation. Minutes: No requests had been received. |
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Review of Corporate Risk - Quarter 2 To consider the report of the Chief Executive, (copy enclosed). Additional documents: Minutes: The Committee considered the report of the Chief Executive that required the Committee to undertake a quarterly review of the Corporate Risk Register as assurance that corporate risks were being managed effectively.
The Chairperson introduced the report and deferred to the Assistant Director – Programmes, Performance and Governance to present the detail. The Assistant Director advised that the report covered the Corporate Risk Register from July to the end of September 2024. It was noted that there had been no changes to existing risks since quarter 1 and the addition of one new corporate risk, relating to the uncertainty of impacts to project and service delivery due to national legislations changes due to change in government. Appendix 1 to the report provided a summary of the Corporate Risk Register, along with the latest ratings, officer commentary, the control strength of each risk and any mitigating actions. Progress of all active mitigating actions was detailed in Appendix 2.
The Chairperson moved the recommendations as set out in the report and this was duly seconded.
During the debate that ensued, the following information was provided by Officers in response to queries raised:
· R35 - New policy / legislation impacts work already in progress or our ability to deliver based on current service set up - The Chief Executive advised that this related to Devolution and Local Government reorganisation which would impact the Council. However, at this time the facts were unclear, and it was prudent for the risk to be included on the corporate risk register and the Council would be developing an internal communications strategy to keep Officers and Members up to date. The Deputy Chief Executive highlighted the support that the Council offered to businesses and explained that at this time it was not known how Devolution and Local Government reorganisation would impact business rates. It was noted that this risk would be reviewed as new policy and legislation came forward.
· R14: Unable to recruit and retain staff with specific skills sets in specialist areas to meet the demands of the service(i.e.) Planners – The Chief Executive reported this was an ongoing risk and an area being closely reviewed.
The Chairperson moved the recommendations set out in the report and these were duly agreed.
RESOLVED
(i) That Members reviewed the Corporate Risk Register in Appendix 1 to the report and provided comment and feedback for consideration;
(ii) That Members reviewed progress of the Corporate Risk Mitigating actions in Appendix 2 and provided comment and feedback for consideration;
(iii) that Members were assured through this review that corporate risk is being managed effectively;
(iv) that Members challenged risk where the Committee felt that the Council’s corporate goals may not be achieved. |
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Corporate Performance - Quarter 2 To consider the report of the Chief Executive, (copy enclosed). Additional documents: Minutes: The Committee considered the report of the Chief Executive that required the Committee to undertake a quarterly review of the Thematic Strategies performance, as assurance that performance was being managed effectively to achieve the corporate outcomes as set out in the Council’s Corporate Plan 2023 - 2027. Appendix 1 to the report provided an overview of performance as at the end of Quarter 2 (Q2) (July – September 2024).
The Chairperson introduced the report and deferred to the Assistant Director – Programmes, Performance and Governance to present the detail. The Assistant Director took the Committee through the report starting with section 3.1. which provided an overall delivery picture against each of the corporate priorities. It was noted that as of September 2024 all six priorities were on track or on track with conditional elements. The new Corporate Plan had been agreed by the Council in December 2024 and accordingly, a review to Corporate Performance was taking place with reports from Quarter One reporting against the new Corporate Plan.
The Chairperson moved the recommendations as set out in the report and this was duly seconded.
Further debate ensued and in response to comments raised Officers provided the following information:
· Members were given assurance that all indicators were informed by a number of individual indicators and backed up with data. It was noted that the corporate leaders challenged and interrogated the figures, transparency and supporting information as part of the report preparation.
· In response to a question regarding the delivery of affordable homes further explanation of the tables within the report was given and the Assistant Director - Place and Community advised she would speak to the Housing Manager to ensure the Council was delivering against these targets.
In response to comments made by Mr Smith (Independent Person) regarding the description of Key Performance Indicators and measuring of these, the Chairperson advised that further information / Key Peformance Indicators were also held within the balanced scorecard, a separate report. The Deputy Chief Executive explained that all activity shown in the Corporate Performance report contributed to a Corporate Plan overall target, but he was happy to discuss this further with Mr Smith when he met with him and the Chairperson.
The Chairperson then moved the recommendations as set out in the report and these were duly agreed.
RESOLVED
(i) That Members reviewed the information as set out in this report and Appendix 1 with priority focus given to the Strategic Priority level performance;
(ii) That Members confirmed they were assured through this review that corporate performance was being managed effectively. |
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Annual Governance Statement Actions Update To consider the report of the Chief Executive, (copy enclosed). Minutes: The Committee considered the report of the Chief Executive updating Members on the actions identified in the Annual Governance Statement (AGS).
The Chairperson introduced the report and deferred to the Assistant Director - Programmes, Performance and Governance to present the detail. The Assistant Director advised that since the revised format in 2021, each year the AGS reflected on the Council’s governance arrangements and identified further best practice improvements that could be introduced for the following year. The table at 3.5 of the report contained a list of identified actions and an update as at quarter two. Those highlighted in grey had previously been reported complete and commentary updates were also provided for the open actions.
The Chairperson moved the recommendations in the report which were duly seconded and opened the debate.
In response to a query regarding the Council’s Whistleblowing Policy and Procedure, the Deputy Chief Executive provided an update advising that the policy had been revised and an update on the audit actions relating to this would be reported to the next meeting of this Committee.
The Chairperson put the recommendation to the Committee, and it was agreed by assent.
RESOLVED that the Committee reviewed the Annual Governance Statements table detailed in the report, together with updates and challenged where necessary. |
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Amended Contract Procedure Rules in line with Legislation Under the Procurement Act 2023 To consider the report of the Chief Executive, (copy enclosed). Additional documents: Minutes: The Committee considered the report of the Chief Executive seeking Members’ approval to put in place new and amended Contract Procedure Rules 2025 (attached as Appendix 1 to the report).
The Chairperson introduced the report and deferred to the Lead Specialist – Procurement to present the detail. The Lead Specialist advised that that Council’s Contract Procedure Rules had been amended to support implementation of the new Procurement Act 2023 (the Act) which received Royal Assent in October 2024. It was noted that the Act was due to go live at the end of February 2025 and the Council was required to implement the changes in legislation. The Lead Specialist drew Members’ attention to a recommendation from Audit to add some additional wording into the Contract Procedure Rules under section 2 – Officer responsibilities, which would apply when there was a licence, such as an IT software licence with specific start and finish dates. It was agreed that the Contract Procedure Rules would be amended to incorporate this change.
The Chairperson commented on commissioning, procurement and collaborations and in response, the Chief Executive agreed that whilst being legally compliant with the law and its procedures the Council had to be pragmatic in making things work and its understanding of the partners and stakeholders it was dealing with along with the resources and knowledge they had.
In response to a question regarding support to Parish and Town Councils on procurement processes it was noted that Officers had and continued to provide advice and assistance to Parish and Town Councils.
The Chairperson moved the recommendations set out in the report, subject to the amendment to the Contract Procedure Rules as set out above. This was duly seconded and agreed.
RECOMMENDED
(i) That subject to the above amendment, the Contract Procedure Rules 2025 (attached at APPENDIX 1 to these Minutes) be approved to ensure the Council is compliant with the Procurement Act 2023;
(ii) that the Council’s Constitution at pages 218 to 242 is updated with the Contract Procedure Rules 2025. |
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One Maldon District Partnership Action Plan - Update To consider the report of the Chief Executive, (copy enclosed). Additional documents: Minutes: The Committee considered the report of the Chief Executive updating Members on the delivery of the One Maldon District (OMD) Partnership action plan.
The Chairperson introduced the report and deferred to the Health Integration and Community Manager to present the detail. The Manager drew Members’ attention to the OMD Partnership Terms of Reference which were attached at Appendix 1 to the report and it was confirmed these were for one year.
The OMD Partnership action plan was attached at Appendix 2 to the report, had been created in collaboration with OMD partners and provided a means of holding partners to account for delivery of agree actions. It was noted that the action plan was forecast to be at least 90% complete at financial year end. The new quarterly bulletin being trialed was attached at Appendix 3.
The Chairperson advised that she had attended a meeting of the OMD Partnership the previous week and provided an update on the work being undertaken. She thanked the Health Integration and Community Manager for arranging for her to attend that meeting.
The Chairperson moved the recommendation set out in the report. This was duly seconded and agreed.
RESOLVED that the Committee acknowledges the update provided on the One Maldon District Partnership action plan and continues to monitor delivery. |
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UK Shared and Rural England Prosperity Funds To consider the report of the Chief Executive, (copy enclosed). Additional documents: Minutes: The Committee considered the report of the Chief Executive updating Members on the delivery of Maldon District’s UK Shared and Rural England Prosperity Fund (UKSPF) allocations.
The projects being delivered via the funding over the three-year period along with their current status were set out in Appendix 1 to the report. It was noted that where projects were not being progressed due to feasibility, funding would be reallocated to other existing projects within the investment plan. The Lead Specialist Prosperity reported that in the Autumn Budget 2024 the Government had announced that the UKSPF would be extended for a transition year in 2025 / 26.
The report also provided an update on the Rural England Prosperity Fund (REPF) which launched on 15 February 2024 and since then 33 applications had been received, 19 of which had been approved to a value of £396,007.77 with £34,320.23 remaining. Officers were working with the Rural Community Council of Essex (RCCE) and grant recipients to evaluate projects funded. Although the acceptance of new submissions had been paused, it was noted that once existing applications had been reviewed and potentially approved there may be opportunity to reopen the process. Appendix 2 to the report provided further detail of the grants issues and the purpose of the funding.
The Chairperson thanked the Lead Specialist Prosperity for her work on this and handed over to her to present the report.
In response to a query from the Chairperson regarding a drawdown on reserves previously agreed for the Burnham-on-Crouch pontoon, the Deputy Chief Executive advised that as this project had been funded by the UKSPF the monies earmarked from the Council’s reserves were not required and therefore not drawn down from reserves. He advised that this money could be used for another project, but to do so would require a report to the Council to re-earmark the reserve.
The Officer advised that one of the applicants for the REPF had to withdraw from the process but there were two further applicants from the waiting list that could utilise the funding.
The Chairperson put the recommendation which was agreed by assent.
RESOLVED that the Committee acknowledged the update provided on Maldon District’s UK Shared and Rural England Prosperity Fund allocations and will continue to monitor the delivery. |
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Health and Safety Update - Quarter 2 2024 / 25 To consider the report of the Deputy Chief Executive, (copy enclosed). Minutes: The Committee considered the report of the Deputy Chief Executive providing an update on Health and Safety statistics and activity during Quarter Two (Q2) 1 July to 31 September 2024.
The report provided details of accident, near miss, hazard and unacceptable behaviour reporting and actions as a result of these. Additional health and safety improvements were continuing, and the improvements made within Q2 were detailed. Updates in respect of system resources, training, fire risk assessment, policies and procedures and health and safety inspections were set out in the report. The priorities for the next quarter were set out in the report and noted by Members.
The Chairperson moved the recommendations set out in the report. This was duly seconded.
Following introduction of the report by the Assistant Director - Place and Community, the Corporate Health and Safety Manager took the Committee through the report advising on the numbers of accidents / incidents and near misses and incidents of unacceptable behaviour during this quarter.
In response to a number of questions raised during the debate, the following information was provided by Officers:
· It was noted that accidents and near misses relating to grave digging were being recorded elsewhere as this service was now contracted out.
· The insect bite to an employee had taken place whilst undertaking a work activity and was quite significant requiring medical treatment.
· Testing of evening fire evacuation of the Council Chamber was being planned but not currently scheduled.
The Chairperson commented on abuse of staff and in response the Chief Executive highlighted the importance of protecting staff, that any aggression or abuse was followed up and the Police informed, where appropriate, to stop that type of behaviour.
The Chairperson put the recommendations to the Committee, and these were duly agreed.
RESOLVED
(i) That Members considered the accident and incident statistics and incidences of unacceptable behaviour reported;
(ii) That Members considered progress of key health and safety themes (as per section 3.2 of the report). |
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Appointment of Representatives on Outside Bodies To consider the report of the Assistant Director: Programmes, Performance and Governance (copy enclosed). Minutes: The Committee considered the report of the Assistant Director: Programmes, Performance and Governance to appoint to Outside Bodies of the Performance, Governance and Audit Committee for the remainder of the municipal year.
The Chairperson moved that the recommendation as set out in the report be agreed. This was duly seconded and agreed.
RESOLVED that representatives of the Performance, Governance and Audit Committee are appointed to the Outside Bodies as detailed below, for the remainder of the Municipal Year;
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