Agenda item

In accordance with notice duly given under Procedure Rule 4, Councillor K M H Lagan to move the following Motions, duly seconded by Councillor S P Nunn.

Preamble

Due to high levels of upset and criticism and concerns being raised to ward members from residents and businesses regarding the how assets and concessions are allocated by the Council, Cllr K M Lagan (seconded by Cllr S P Nunn), submitted a motion for a complete review of parts of the scheme of delegation and inclusion of ward members across the district to be part of the decision making processes on certain aspects of the council assets and operational matters which was debated by full council on 31st March 2022.  At this meeting the recommendation for the motion was to be and referred to PGA Committee for consideration.  A report from the Director of Strategy, Performance and Governance that was submitted to that committee for the meeting on 9th June 2022, which concluded that the motion as submitted was ‘flawed’.  With this information it was decided by the proposer and seconder to withdraw the motion at the committee and that this was the recommendation reported and approved at full council.

The report identified that the motion negated the delegated powers by introducing a process involving a member working group, but also identified that it was conceivable to have the existing delegations revised to enable matters relating specifically to Promenade to be dealt with by exception.

The intention of this motion therefore is simply to ensure that Maldon’s ward members are involved in a macro number of matters that impact the operation and management of the town’s primary assets and as a matter of course, to ensure local representation is considered in robust and transparent decision making.

It is not the intention to involve member’s in general day to day activities on the Promenade and Quay but to focus on key issues that would provide better outcomes for the council in terms of reputation and effectiveness in the way it conducts business.

As the motions impact on the constitution and the scheme of delegation, it has been checked that such amendments can be made and therefor it is the request of the proposer and seconder that the motions are supported to show our residents that we are listening.

Therefore the Motions below are submitted.

MOTION 1

That Motion 2 be recommended to the PGA committee for review and consideration and any recommendations brought to full council.

MOTION 2

To enable a more inclusive process, that the scheme of delegation be updated to include active elected member participation in decision making for certain matters at Maldon’s much loved Promenade Park and Historic Quay.

Part A

To amend the scheme of delegation currently as is:

Part 3 – Responsibility and Functions section 44 – (a)- Parks and Open Spaces, (b) Formal recreation area and any building therein and the letting of stall, kiosks and other operations thereon including the lettings such as funfairs, circuses, and other short term lettings;

To be:

Part 3 – Responsibility and Functions section 44 – (a)- Parks and Open Spaces, (b) Formal recreation area, other operations thereon including the lettings such as funfairs, circuses, and other short term lettings;

With the inclusion of Maldon Ward members, officers and Maldon members work together to consider proposals for the letting of kiosks and stalls.

And part B –

Asset management.

That 56 (d) (e) that are:

(d) To negotiate the terms of new leases, including interim and initial rent both at market rent and in those cases where existing tenants have a statutory right to call for a new lease on expiry of the current term, and to authorise completion of such new leases up to an annual value of £15,000 and duration not exceeding seven years.

Please see accompanying report of the Director of Strategy, Performance and Governance with Officers’ response to these Motions.

In accordance with notice duly given under Procedure Rule 4, Councillor K M H Lagan moved the following Motions, duly seconded by Councillor S P Nunn.

Preamble

Due to high levels of upset and criticism and concerns being raised to ward members from residents and businesses regarding the how assets and concessions are allocated by the Council, Cllr K M Lagan (seconded by Cllr S P Nunn), submitted a motion for a complete review of parts of the scheme of delegation and inclusion of ward members across the district to be part of the decision making processes on certain aspects of the council assets and operational matters which was debated by full council on 31st March 2022.  At this meeting the recommendation for the motion was to be and referred to PGA Committee for consideration.

A report from the Director of Strategy, Performance and Governance that was submitted to that committee for the meeting on 9th June 2022, which concluded that the motion as submitted was ‘flawed’. With this information it was decided by the proposer and seconder to withdraw the motion at the committee and that this was the recommendation reported and approved at full council.

The report identified that the motion negated the delegated powers by introducing a process involving a member working group, but also identified that it was conceivable to have the existing delegations revised to enable matters relating specifically to Promenade to be dealt with by exception.

The intention of this motion therefore is simply to ensure that Maldon’s ward members are involved in a macro number of matters that impact the operation and management of the town’s primary assets and as a matter of course, to ensure local representation is considered in robust and transparent decision making.

It is not the intention to involve member’s in general day to day activities on the Promenade and Quay but to focus on key issues that would provide better outcomes for the council in terms of reputation and effectiveness in the way it conducts business.

As the motions impact on the constitution and the scheme of delegation, it has been checked that such amendments can be made and therefor it is the request of the proposer and seconder that the motions are supported to show our residents that we are listening.

Therefore the Motions below are submitted.

MOTION 1

That Motion 2 be recommended to the PGA committee for review and consideration and any recommendations brought to full council.

MOTION 2

To enable a more inclusive process, that the scheme of delegation be updated to include active elected member participation in decision making for certain matters at Maldon’s much loved Promenade Park and Historic Quay

Part A

To amend the scheme of delegation currently as is:

Part 3 – Responsibility and Functions section 44 – (a)- Parks and Open Spaces, (b) Formal recreation area and any building therein and the letting of stall, kiosks and other operations thereon including the lettings such as funfairs, circuses, and other short term lettings;

To be:

Part 3 – Responsibility and Functions section 44 – (a)- Parks and Open Spaces, (b) Formal recreation area, other operations thereon including the lettings such as funfairs, circuses, and other short term lettings;

With the inclusion of Maldon Ward members, officers and Maldon members work together to consider proposals for the letting of kiosks and stalls.

And part B -

Asset management.

That 56 (d) (e) that are:

(d) To negotiate the terms of new leases, including interim and initial rent both at market rent and in those cases where existing tenants have a statutory right to call for a new lease on expiry of the current term, and to authorise completion of such new leases up to an annual value of £15,000 and duration not exceeding seven years.

(e) In consultation with the Chairman or Vice-Chairman of the Strategy and Resources Committee and the Leader, as (d) above in relation to leases with an annual value in excess of £15,000, but not exceeding £25,000, or tenure in excess of 7 years but not exceeding 14 years.

To be:

(d) Following consultation and input from Maldon Ward members on proposed options for assets, to negotiate the terms of new leases, including interim and initial rent both at market rent and in those cases where existing tenants have a statutory right to call for a new lease on expiry of the current term, and to authorise completion of such new leases up to an annual value of £15,000 and duration not exceeding seven years.

(e) In relation to leases with an annual value in excess of £15,000, but not exceeding £25,000, or tenure in excess of 7 years but not exceeding 14 years, referral to the Strategy and Resources Committee is required.

Councillor Lagan referred to the preamble and the intention of these motions after the failure of his previous ones.  He said the motions involved only minor changes as part of a more inclusive process.

The Chairman stated that Motion 1 was no longer applicable since he had ruled at the last meeting that the Council would deal with the matter, and at his request Councillor Lagan agreed that Motion 1 could be regarded as withdrawn.  The report from the Director of Strategy, Performance and Governance responding to the proposals set out in Motion 2 was therefore now received for consideration.

Debate ensued in which it was noted that the nature of the proposed revisions related specifically to Maldon and Maldon Members, and Councillor W Stamp indicated her wish to see an amendment to include Riverside Park, Burnham-on-Crouch, and Burnham-on-Crouch Members.  The Director of Strategy, Performance and Governance was permitted to read a statement from the Director of Service Delivery (in his absence) emphasising that the existing Scheme of Delegation was fit for purpose and worked well.  He had suggested that the closer involvement of Members as sought by the Motion might be better facilitated through the Promenade Park Management Plan.  In the continuing debate the following points were raised:

·                  The sites in question were District assets belonging to and for the benefit of the whole District and therefore all Members should have input.

·                  While Officers were expected to keep Ward Members updated and engaged on things happening in their Wards, to have everyone involved in day to day matters would present operational difficulties for Officers

·                  Ward Members needed to be forewarned of actions/decisions taken which would be of interest to and affecting the public

·                  Member involvement in day to day renewals of leases and licences etc was not required and may not be helpful.

In conclusion, Councillor Lagan said that Members were elected to be involved in decisions and following the failure of his previous motion as being too broad an attempt had been made to make it much narrower.  He emphasised that while his proposal was simply to enable more active part greater active involvement in reaching decisions, there was no intention to be involved in negotiations or the actual decisions.

The Chairman then put Motion 2 to the meeting and on a vote being taken the Motion was not agreed.