Agenda and draft minutes

The Chairperson welcomed everyone to the meeting and went through some general housekeeping arrangements for the meeting.

Apologies for absence were received from Councillors D O Bown and R H Siddall.

In accordance with notice duly given, Councillor R Pratt was attending as a substitution for Councillor Bown and Councillor M G Bassenger as a substitution for Councillor Siddall.

To consider the Minutes of the Strategy and Resources Committee held on 23 January 2025 (copy enclosed).

RESOLVED

(i)             that the Minutes of the meeting of the Committee held on 23 January 2025 be received.

Minute No. 507 – Fees and Charges Additional Information: Car Park Charges – Burnham-on-Crouch

Councillor A S Fluker referred to a question he had raised at this meeting which he felt should have been Minuted. The Chairperson agreed that the Minutes would be reviewed and requested that the following be added to the Minutes.

In response to a question regarding whether a consultation had taken place between Burnham-on-Crouch Surgery and the Council in respect of the proposed changes to the car park situated outside of the doctor’s surgery, Officers clarified that this had been considered by the Working Group who felt that consultation was not required.

RESOLVED

(ii)            that subject to the above amendment the Minutes of the meeting of the Committee held on 23 January 2025 be confirmed.

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.

No requests had been received.

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).

There were none.

At this point the Chairperson thanked Councillor J Driver for standing in for him over the past few weeks.

To consider the report of the Deputy Chief Executive, (copy enclosed).

The Committee considered the report of the Deputy Chief Executive seeking Members’ approval to amend the Market Hill Air Quality Management Area (AQMA).

The report provided background information regarding AQMAs which were declared by local authorities when air quality objectives were not being achieved in a certain area. In 2018 Maldon District Council declared an AQMA at Market Hill Maldon due to exceedances of Nitrogen Dioxide (NO₂). It was noted that where there had been no exceedances over the previous five years local authorities must make plans to revoke or amend the AQMA.

The report detailed the monitoring of the Market Hill AQMA NO₂ levels over the last five years which it was noted had produced results below the relevant threshold. The Council was therefore proposing to amend the AQMA and remove the 1-hour mean declaration for NO₂. The proposal to amend the AQMA had been submitted to the Department for Environment, Food and Rural Affairs (DEFRA) as part of the Council’s annual Air Quality Status report and this had been formally accepted in June 2024.

Following the Officers’ presentation, Councillor A S Fluker proposed that the recommendation be agreed.

In response to a question regarding monitoring, the Technical Lead – Environmental Protection advised Members that the Council would continue to monitor levels on Market Hill, the proposed amendment was in relation to the hourly mean and the Council did not have an automatic monitoring station to monitor this directly. Air quality would continue to be monitored and reported to DEFRA. Although there were still some exceedances of the annual mean these levels were monitored monthly and the Council would continue to address the areas showing exceedances.

The Chairperson moved the recommendation which was duly agreed. Councillor K M H Lagan asked that his dissent be recorded.

RESOLVED that the Air Quality Management Area Amendment Order 2025 is approved, effectively removing the nitrogen dioxide 1-hour mean objective, leaving the annual mean objective as designated.

To consider the report of the Chief Executive, (copy enclosed).

The Committee considered the report of the Chief Executive seeking the Council’s approval of a Pay Policy Statement for 2025 (attached as Appendix 1 to the report).

It was noted to meet the requirements of the Localism Act 2011 the Council was required to publish a Pay Policy Statement which had been annually approved by the elected Members of the Council. The Pay Policy Statement had been reviewed and reflected the current arrangements for pay at Maldon District Council.

During her presentation of the report the Assistant Director - Resources reported the following two further amendments to the Policy:

·                An amendment to the pay multiple, the ratio between the highest taxable earning paid in the Council and median earnings figure for the whole workforce. The report provided a ratio of 1 to 2.8 as at September 2024, however this could now be updated to account the new Chief Executive role, and this meant the pay ratio would now be 1 to 3.9. Members were advised that this was still substantially below the government guidance of no more than a ratio of 1 to 20.

·                Section 2.1 Chief Officer Pay required amendment as the Chief Finance Officer (Section 151) role was omitted from this section. Members were advised that this would be added to the Policy prior to it being considered by the Council.

In response to comments and questions raised by Members, the Assistant Director - Resources provided the following information:

In line with most Local Authorities (LAs) the Council had spinal points with 4 or 5 increments and upon starting a job you would start at the bottom and progress. On average there is four years of progress in a salary. Being a small Council the opportunities to progress would be restricted.

The Council had matrix grades through which staff are developed and the Council was looking at ways to bring in more development. The Council also had cross development which was a benefit.

The 2024 / 25 pay award rates were governed by the National Joint Council (NJC) and agreed by the Unions. The NJC guidance provided a static sum for those grades below Spinal Column Point J38 and a percentage rate for all grades above that. The 2.5% increase for grades above J38 was a much higher amount of money than those on lower grades and therefore the static sum for SCPs A1 – J37 was brought in to even this out.

The Chairperson then put the recommendation, subject to the two amendments raised by the Assistant Director - Resources and this was duly agreed.

RECOMMENDED that subject to the two amendments detailed above, the Pay Policy Statement attached at APPENDIX 1 to these Minutes be agreed.

To consider the report of the Interim Chief Finance Officer (copy enclosed).

The Committee considered the report of the Interim Chief Finance Officer providing financial performance information at the end of quarter three (Q3) (December 2024). The report provided an update on the Revenue and Capital budgets at the end of Q3 and it was noted that due to conflicting priorities within the Finance team, it was decided that a light-touch approach to Q3 would be applied.

The report highlighted that an in-depth review of budget monitoring process was being undertaken and this had meant that the usual detailed commentary on variances was not available.

Members were advised that a further adjustment relating to a correction in Earmarked Reserves resulted in a Revised Budget at the end of Q3 and table 1 of the report outlined these adjustments.

The anticipated underspend to the capital budget at the end of December 2024 was set out in the report and it was noted that a large of amount of the delayed expenditure related to the leisure contract works starting.

It was noted that an addendum to the report had been circulated and this detailed the Council’s use of Supplementary Estimates, Virements, Reserves and Procurement Exemptions at the end of period ten (January 2025).

Members discussed the report and in response to questions raised, the Interim Chief Finance Officer provided the following information regarding the Capital Budget:

·                Table 3 of the report provided a status on the projects and the Interim Chief Finance Officer reported that he had met with all Assistant Directors to go through the underspend.

·                The capital budgets relating to Parks and Play Equipment were managed by two separate services and it was noted that related projects were not delayed, just moving into the 2025 / 26 year.

·                Improvement to the budgeting process would be made when the capital budget for 2025 / 26 was set. In addition, there would be a review of the projects, with some being removed, added and any remaining budget would be reprofiled.

Members congratulated the Interim Chief Finance Officer for his report and the information provided. It was noted that the Council was advertising for a permanent Chief Finance Officer and the Interim Chief Finance Officer reassured Members that he was committed to giving the new Officer a handover and would stay for as long as the Council wanted him to stay. He referred to the Finance Team and commented that this was also now in a better position.

The Chairperson then put the recommendations which were duly agreed.

RESOLVED

(i)             That the forecasted revenue outturn position for 2024/25, as summarised at section 4 of the report, be noted.

(ii)            That the forecasted capital outturn position for 2024/25, as summarised at section 5 of the report, be noted.

(iii)       That the Supplementary Estimates, as summarised in Table 1 of the Addendum, be noted.

(iv)       That the use of Reserves, as summarised in Table 2 of the Addendum, be noted.

To consider the report of the Interim Chief Finance Officer (copy enclosed).

The Committee considered the report of the Interim Chief Financial Officer providing an update on Splash Park performance for the 2024 season.

The report provided background information regarding the operation of the splash park which was being undertaken by Places Leisure (PL) following a successful pilot period in 2022 and approval by the Council for the 2023 and 2024 seasons.

Appendix 1 to the report detailed the financial performance for the splash park along with comparable information for the 2023 and 2024 seasons. The Commercial Manager, in his presentation of the report, drew Members’ attention to a number of areas which highlighted to the financial performance being reported.

It was noted that the Council had agreed to include operation of the splash park as part of the recent procurement exercise to identify a new leisure partner for a period of 10 to 25 years. PL had been awarded a 20-year partnership arrangement commencing in March 2025 and future delivery of the splash park would be monitored via the future Place Leisure and Maldon District Council Liaison Group who would meet quarterly.

During the lengthy debate that ensued a number of questions were raised by Members and in response the Commercial Manager provided the following information:

·                The splash park would be commissioned in April to ensure that if there were any bacterial or water testing responses that these could be addressed prior to the planned opening of the splash park in May half term. The high costs reported for April and May 2024 related to the high bacterial content.

·                With regards to the setting of opening times, Members would have opportunity to feed into this through the proposed Partnership Board which would then present these to PL.

·                UV filters were not currently installed, however significant investment was planned for the 2025 season, along with investment in the green infrastructure to see the splash park performing as carbon neutral.

·                Reference was made to having free sessions making the splash park accessible to all and it was noted that concession pricing was being considered.

·                The opening times for 2025 were set out within the report and Members were advised that once open it would be possible to extend the hours, where appropriate and the Council would have discussions with PL regarding this.

Councillor A S Fluker proposed that a report be brought to a meeting of the Council to appoint Members to the proposed PL Partnership Board and that the recommendation set out the report be agreed. This was duly seconded and agreed.

RESOLVED

(i)             that Members reviewed provided feedback on the summary of the 2024 Splash Park season;

(ii)            that a report be brought to a meeting of the Council to consider and appoint Members to the Places Leisure Partnership Board.

To consider the report of the Chairperson of the Planning Policy Working Group (copy enclosed).

Councillor A Fittock, Chairperson of the Planning Policy Working Group (the Working Group), presented the report, which provided an annual update on the work carried out by the Working Group from February 2024 to February 2025. He then put the recommendation as set out in the report.

It was noted that the Working Group was positively assisting in the process of moving forward with the Local Development Plan (LDP) review. An all-Member briefing regarding the growth option was being planned for April / May, prior to being presented to the Council.

Some comments were made regarding the LDP review and the speed at which this had progressed. The Chairperson advised that it had been difficult for the Working Group because of the changing goal posts which would probably change again with the Planning and Infrastructure Bill.

RESOLVED that the Committee received the content of 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 items of business on the grounds that they involve 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.

The Chairperson moved the proposal to exclude the public and press as set out on the agenda and this was duly seconded.

Councillor A S Fluker referred Members to and quoted a guidance note from the Monitoring Officer on Committee processes. He questioned why the following reports were due to be considered in private session in respect of the reason for exemption applied and whether consideration had been given to the public interest test. In response to a further question, it was confirmed that both reports had been considered by the Monitoring Officer prior to being brought to the Council.

Following lengthy discussion, Councillor Fluker advised he was still uncomfortable and asked the Chairperson to consider deferring the following items of business. This was not considered.

In accordance with Procedure Rule No. 13 (3) Councillor A S Fluker requested a recorded vote. 

The Chairperson confirmed that this vote related only to Agenda Item 13 – Funding Request – Council Offices, Princes Road and he would consider Agenda Item 14 separately. A vote was then taken, and the voting was as follows:

For the recommendation:

Councillors M G Bassenger, J Driver, A Fittock, A M Lay, R G Pratt, N D Spenceley, W Stamp and M E Thompson.

Against the recommendation:

Councillor A S Fluker.

Abstention:

Councillors M F L Durham and K M H Lagan.

It was therefore 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 1of Schedule 12A to the Act, and that this satisfies the public interest test.

To consider the report of the Interim Chief Finance Officer (copy enclosed).

The Committee considered the report of the Interim Chief Financial Officer requesting a drawdown from Council Reserves so that urgent maintenance and critical safety items could be addressed at the Council offices, Princes Road. These items related to fire, security and CCTV along with the replacement of some timber framed windows and doors.

The report provided background information regarding the Council’s decision to remain at the Princes Road site and the need to carry out urgent maintenance and improve safety matters in relation to the building. Detailed information in respect of the proposed improvements and proposed budget costs were set out in the report.

Following the Officer presentation, the Chairperson moved the recommendations set out in the report, advising that both would be a recommendation to the Council.

During the lengthy debate that ensued, a number of Members raised concerns regarding the proposals, particularly the amount of money requested. In response additional information was provided by Officers, including:

·                The costs detailed for window / door replacement related to those needing urgent replacement and was a small percentage of the total figure as the remainder windows / doors would need replacing over the next two years. It was noted that the Council was hoping to get grant to assist with costs for the second phase of replacement.

·                The supplier costs detailed within the report were robust for the requirements of the Council and its tenants of the building.

·                The current CCTV system was out of date, and it was therefore advisable for the Council for an improvement system to be installed.

·                Although the Council was not in breach of any statutory obligations there were risks which had to be taken into consideration.

·                In order for Officers to go out to the market to procure the services required they needed to have secured a budget.

·                The Council’s access system was currently being supported by the IT Team and for a number of reasons including security and external compromises it was better to have a more up to date system.

In accordance with Procedure Rule No. 13 (3) Councillor A S Fluker requested a recorded vote in relation to recommendation (i).

The Chairperson then moved recommendation (i) as set out in the report and the voting was as follows:

For the recommendation:

Councillors M G Bassenger, J Driver, A Fittock, A M Lay, N D Spenceley and M E Thompson.

Against the recommendation:

Councillors A S Fluker, K M H Lagan, R G Pratt and W Stamp.

Abstention:

Councillor M F L Durham.

The Chairperson advised that this was therefore agreed.

In accordance with Procedure Rule No. 13 (3) Councillor A S Fluker requested a recorded vote in relation to recommendation (ii).

The Chairperson then moved recommendation (ii) as set out in the report and the voting was as follows:

For the recommendation:

Councillors M G Bassenger, J Driver, A Fittock, K M H Lagan, A M Lay, N D Spenceley, W Stamp and M E Thompson.

Against the  ...  view the full minutes text for item 599.

At this point the Chairperson sought confirmation from the Committee to remain in closed session to consider the next item of business – Events and Concessions Summary 2024. This was duly agreed.

RESOLVED that under Section 100A (4) of the Local Government Act 1972 the public continues to be excluded from the meeting for the following item of business.

To consider the report of the Interim Chief Finance Officer (copy enclosed).

The Committee considered the report of the Interim Chief Financial Officer updating Members on delivery of the Events and Concessions Strategy 2023 – 2028 (the Strategy), an annual requirement of the Strategy. Appendix 1 to the report detailed the events and concessions that the Council had welcomed into its parts and open spaces to date. Appendix 2 detailed the event impact, which was reported to the Performance, Governance and Audit Committee on an annual basis.

The report provided background information regarding the diverse range of events and concessions that the Council had hosted in its parks and open spaces and the number of visitors these drew to the District each year.

Members noted that delivery of the Strategy ensured that the Council was committed to developing an increased level of commercial acumen along with delivering positive social outcomes with community, social and health initiatives.

During his presentation of the report, the Commercial Manager drew Members’ attention to the 2025 events schedule leaflet which had been provided to all Members at the meeting.

A debate ensued and during this Members were provided with additional information which included further details of the different events, how the economical impact of was calculated and the income achieved. It was noted that any related cleaning, waste collection or additional costs would be charged to an event organiser / promoter. In response to questions regarding specific events, Members were provided with further details of related costs.

Members commended the Commercial Manager for the amount of events arranged.

The Chairperson put the recommendation which was duly agreed.

RESOLVED that Members reviewed and provided feedback on the summary of the 2024 season.