Agenda and minutes

The Chairman of the Council led all persons present in a silent tribute to the memory of the victims of the Flood on the night of 31^st January/1^st February 1953.

The Council is asked to note any apologies for absence received from Members.

Apologies for absence were submitted on behalf of Councillors Clifton, King, Newton and Placey.

The Council is asked to approve, as a correct record, the minutes of the meeting of the Council held on Tuesday 22 November 2022.

It was moved by Councillor Stock OBE, seconded by Councillor G V Guglielmi and:-

RESOLVED that the minutes of the ordinary meeting of the Council held on Tuesday 22 November 2022 be approved as a correct record and be signed by the Chairman.

Councillors are invited to declare any Disclosable Pecuniary Interests or Personal Interest, and the nature of it, in relation to any item on the agenda.

With reference to Agenda Item 16 the Monitoring Officer reminded Members that, under Section 7.3 of Part 2 of the Members’ Code of Conduct, they did not have to declare an Interest in relation to the review of the Scheme of Members’ Allowances (as considered under Minute 77 below). Therefore, Members had a ‘blanket’ dispensation to participate in the consideration of that item.

Councillor Baker declared a Personal Interest in relation to Agenda Item 8 (Green Space Petition) insofar as he knew the petitioner.

The Council is asked to note any announcements made by the Chairman of the Council.

The Chairman of the Council (Councillor Harris) made the following announcements:-

The League of TDC Chairmen Group

The Chairman announced that this Group had been launched on Wednesday 11 January 2023 with its first ever meeting held in the Town Hall, attended by past chairmen Val Guglielmi, Jeff Bray, Dan Land, Jayne Chapman BEM, Nick Turner, John White, Peter De Vaux Balbirnie, Alan Goggin, Rosemary Smith, Fred Nicholls, Danny Mayzes and Pat Manning, who had all been presented with a lapel badge.

The purpose of the Group was to grow into a support mechanism for future Chairmen and to assist in fundraising activities to support residents and businesses in the District.

Annual Pride of Tendring Awards

The Chairman informed Council that this event, which was one of the highlights of the civic year, would be taking place on Wednesday 9 February. He thanked all those who had submitted nominations and he hoped that as many Members as possible would be present as it was an opportunity to thank all those unsung heroes who did so much good in the local community.

Chairman’s Charity Boxing Event

The Chairman stated that this would be a Black Tie event to be held in the Princes Theatre on Thursday 16 March in aid of his nominated charity UK Homes for Heroes. The event had been organised by Seconds Out Boxing Club in Clacton-on-Sea and would be run by Gareth Bayford. More details of this event would be sent out in the near future.

Tendring Stars Annual Celebration of TDC Staff

The Chairman announced that he had been delighted to attend this event on Thursday 19 January and he extended his special congratulations to Kieran Charles for winning the Employee of the Year Award.

Holocaust Memorial Day

The Chairman informed Council that he would be attending the Holocaust remembrance service in the Sunken Rose Garden on Clacton Seafront on Friday 27 January. He invited all Members and residents to join him.

The Council is asked to note any announcements made by the Chief Executive.

There were no announcements made by the Chief Executive on this occasion.

The Council is asked to note any statements made by the Leader of the Council. 

Councillors may then ask questions of the Leader on his statements.

Updates on: (1) the Levelling Up Fund bid for Clacton-on-Sea; and (2) Freeport East

“Members will already be already aware of the hugely exciting announcement made by Government last week that we – on behalf of Clacton – were successful in a bid for almost £20 million from the Levelling Up Fund.

Our bid focused on plans for redevelopment of Carnarvon Terrace – currently made up of Carnarvon House and the Clacton library building, two sites which are ageing, of their time, and certainly do not inspire a warm welcome to the town for visitors either arriving at the nearby railway station, or following the A133 to the seafront.

The vision is to replace these buildings with new, modern facilities, visually welcoming as a gateway to Clacton. On the site would be a new library and adult skills space, some commercial space, housing, and of course the opportunity to re-design the public realm and part of the High Street car park too.

Now we have secured this funding – and lest we miss the scale of this award, let’s not forget this grant is more than our annual general fund revenue budget as a Council – more detailed plans can be worked up. Some work is already underway, with the demolition of Carnarvon House which has been supported by a separate funding award.

I was reflecting just the other day at how wide-ranging a project this will be for us. It will touch upon every portfolio in our Cabinet: proper and better use of our assets; housing; a major planning application; business opportunity and town centre gateway; quality public space; a more attractive appeal for tourists visiting our resort; and of course partnerships will be crucial as we work closely with Essex County Council, the University of Essex and others to deliver this scheme.

Of course, the announcement last week was not a total success, with our separate bid made for £6 million for projects in Harwich and Dovercourt not being successful in this round. When the Clacton bid did not succeed in round one we received some really useful feedback from the Department for Housing, Levelling Up and Communities to refine our proposals the next time which we did, so I hope we will get the same opportunity for Harwich.

Mr Chairman, on the subject of Harwich, I have the pleasure of updating Members on more good news on Freeport East which has occurred since we last convened. Earlier this month the Government – again the Department for Housing, Levelling Up and Communities – approved the final business case for Freeport East. This, alongside allocation of initial customs and tax sites, means the Freeport is now in the delivery phase. Crucially this unlocks £25 million of Government funding for infrastructure enhancement.

I attended the launch of Freeport East in Parliament, and one of the key speakers from the University of Essex made the point that Freeport East is the largest project they have been involved in since the founding  ...  view the full minutes text for item 67.

The Council is asked to note any statements made by Members of the Cabinet (Portfolio Holders).

Councillors may then ask questions of the Portfolio Holders on their statements.

Action on Climate Change Update

The Environment and Public Space Portfolio Holder (Councillor Talbot) made the following statement:-

“Good evening, Colleagues,

There is value in reminding ourselves of the actual calendar dealing with Climate Change matters for TDC.

• It is 3 years 5 months from our Leaders Motion declaring a Climate Emergency in August 2019
• It is only 7 years and 11 months until our own aim to be ‘Net Zero Carbon’ by the end of 2030 arrives.
• And our current  Climate Action plan come to an end this year 2023.

Recognising that this is January of a New Year, I would like to give Members a flavour of the actions planned in the year ahead, subject to formal decision, and a recognition that our local elections take place on 4^th May.

I have been pressing to see delivered those items reported and discussed at Lee Heley’s Climate Change meetings with responsible officers, which can be progressed without major building or engineering works being required.

One of these is to reduce the heat loss in our Leisure Centre swimming pools, by fitting covers that can be drawn over the pools when not in use, thereby reducing current heat loss. This work can be started the moment it is formally agreed.  

We also expect to fit new LED timer lighting in the three Leisure Centres this Spring, not only a climate change objective but a saving in running costs.

We are expecting to employ a building surveyor whose role will be to put forward recommendations for improvements to our Council buildings to reduce carbon emissions.

Lee informs me that he would expect solar panels to be part of the proposals for our buildings, but we must remind ourselves as always, that funding must be available before projects can be implemented.  

As we reach procurement milestones for electricity during 2023, the Council will continue to ensure the electricity used across our various sites is delivered from carbon neutral sources.

The Government has recently published an Electric Vehicle Infrastructure Strategy. No one can deny that the move to battery electric vehicles and plug in electric vehicles is gaining pace.  Alex Porter and myself have engaged on an EV strategy being drafted by officers, with particular reference to EV charge points in our car parks, ahead of it coming to Cabinet.

James Hill deals ‘Inter Alia’ with the vehicles and motorised equipment we use. Any alternative to Petrol or Diesel fuelled vehicles, is considered, but currently the market is very thin and very pricey. This means we are continuing with Diesel and Petrol.

James advised me only yesterday that arising from Urban Tree Fund money we will be planting on the:-

Burrs Road, Clacton-on-Sea Open Space – 600 trees, Due to start 30/1/2023

Jubilee Field, Parkeston – 60 trees, started 16/1/2023

Lotus Way, Jaywick – 100 trees, Due to start – soon.

For the sake of the record we will publish when available, the Carbon Emissions data for TDC, our  ...  view the full minutes text for item 68.

To report an e-petition received in accordance with the Scheme approved by the Council.

Earlier on in the meeting Councillor Baker had declared a Personal Interest in relation to this item insofar as he knew the petitioner.

In accordance with the Council’s approved scheme for dealing with petitions, the Chief Executive formally report the receipt of an e-petition submitted by Caroline Saye, as lead petitioner, on 15 November 2022. The petition had been signed by 432 persons and stated:-

“We the undersigned petition the council to take no further action in respect of exploring the potential for development /disposal for each of the 69 proposed areas of land reported to Cabinet on 15 July 2022 until such time as a public meeting or meetings have been held to provide all residents with the ability to express their views.”

In accordance with the Council’s approved scheme for dealing with petitions, this matter would now be investigated and a report would be prepared and presented to the Cabinet on the basis that it contained between 30 and 500 signaturesand related to a matter that was an Executive function under the law.

Members were aware that the next practicable ordinary meeting of the Cabinet was on 17 February 2023.

At that meeting, and in accordance with the Council’s approved scheme, Caroline Saye, as lead petitioner, would be invited to address the Cabinet, explain the petition and outline the action that the petitioners would like the Council to take.  Members would then discuss the petition and decide what action, if any, should be taken.  Cabinet’s decision would be confirmed in writing to Ms Saye and the decision would be published on the Council’s website via the Minutes of that meeting.

It was moved by Councillor Stock OBE, seconded by Councillor G V Guglielmi and:-

RESOLVED that the receipt of the Petition and the contents of the report be noted.

To report an e-petition received in accordance with the Scheme approved by the Council.

In accordance with the Council’s approved scheme for dealing with petitions, the Chief Executive formally report the receipt of an e-petition submitted by Colin Underwood, as lead petitioner, on 18 November 2022. The petition had been signed by 41 persons and stated:-

“We the undersigned petition the council to re-instate public toilets in the vicinity of the demolished toilets on the middle promenade below Connaught Gardens East”.

In accordance with the Council’s approved scheme for dealing with petitions, this matter would now be investigated and a report would be prepared and presented to the Cabinet on the basis that it contained between 30 and 500 signaturesand related to a matter that was an Executive function under the law.

Members were aware that the next practicable ordinary meeting of the Cabinet was on 17 February 2022.

At that meeting, and in accordance with the Council’s approved scheme, Colin Underwood, as lead petitioner, would be invited to address the Cabinet, explain the petition and outline the action that the petitioners would like the Council to take.  Members would then discuss the petition and decide what action, if any, should be taken.  Cabinet’s decision would be confirmed in writing to Mr. Underwood and the decision would be published on the Council’s website via the Minutes of that meeting.

It was moved by Councillor Stock OBE, seconded by Councillor G V Guglielmi and:-

RESOLVED that the receipt of the Petition and the contents of the report be noted.

Subject to the required notice being given, members of the public can ask questions of the Leader of the Council, Portfolio Holders or Chairmen of Committees.

The Chairman shall determine the number of questions to be tabled at a particular meeting in order to limit the time for questions and answers to 21 minutes.

No Questions pursuant to Council Procedure Rule 10.1 had been submitted by members of the public for this meeting.

To notify Members of recent Executive Decision(s) taken in the circumstances set out in the Council’s Constitution in:-

(a)   Rule 15 of the Access to Information Procedure Rules (Special Urgency); and/or

(b)   Rule 18(i) of the Overview and Scrutiny Procedure Rules (Call-in and Urgency); and/or

(c)   Rule 6(b) of the Budget and Policy Framework Procedure Rules.

In accordance with the requirements of Rule 16.2 of the Access to Information Procedure Rules and Rule 18(i) of the Overview and Scrutiny Procedure Rules, Council received a report from the Leader of the Council which notified Members of any recent Executive Decision(s) taken in the circumstances set out in Rule 15 of the Access to Information Procedure Rules and/or Rule 18(i) of the Overview and Scrutiny Procedure Rules and/or Rule 6(b) of the Budget and Policy Framework Procedure Rules.

Acceptance of the allocation of £1.18m from the UK Shared Prosperity Fund

It was reported that, in  December 2022, the Corporate Director (Economy & Place), in view of the urgency of the issue concerned, and in accordance with Rule 18(i) of the Overview & Scrutiny Procedure Rules, had sought and subsequently obtained the Chairman of the Resources and Services Overview and Scrutiny Committee’s consent, that his decision relating to the acceptance of the Council’s allocation of money from the UK Shared Prosperity Fund, should be exempted from the call-in procedure.

The Corporate Director’s decision had been as follows:-

“To accept the allocation of £1.18m plus resourcing allocation from the Government’s UK Shared Prosperity Fund (UKSPF), as applied for in July 2022.”

It had been felt that any delay likely to be caused by the call-in process would have seriously prejudiced the Council’s and the public’s interest for the following reason:-

“The Government notified TDC Officers of the application’s success and gave a deadline of Friday 16^th December 2022 to sign and return a MoU and associated documents to accept the allocation. A Cabinet report on the subject, including the projects proposed, is on the agenda for Cabinet’s meeting on the 16^th December in order to gain approval to commence spend of the Year 1 allocation (which must be spent by 31 March 2023).

An exemption from call-in is sought due to the overlapping deadline, which would otherwise mean Tendring District Council would not be able to receive the allocation through the UKSPF.”

It was moved by Councillor Stock OBE and:-

RESOLVED that the contents of the report be noted.

The Council will receive the minutes of the following Committees:

(a)    Resources and Services Overview & Scrutiny of Tuesday 15 November 2022;

(b)    Community Leadership Overview & Scrutiny of Tuesday 22 November 2022; and

(c)    Audit of Thursday 15 December 2022.

NOTES:         

(1)   The above minutes are presented to Council for information only.  Members can ask questions on their contents to the relevant Chairman but questions as to the accuracy of the minutes must be asked at the meeting of the Committee when the relevant minutes are approved as a correct record; and

(2)   If any recommendations to Council have been made by those Committees, these are included within separate reports for Council to decide upon (i.e. by noting the minutes those recommendations are not approved at this stage of the proceedings).

It was moved by Councillor Stock OBE and:-

RESOLVED that the minutes of the following Committees, as circulated, be received and noted:-

(a)    Resources and Services Overview & Scrutiny of Tuesday 15 November 2022;

(b)    Community Leadership Overview & Scrutiny of Tuesday 22 November 2022; and

(c)    Audit of Thursday 15 December 2022.

No Motions on Notice pursuant to Council Procedure Rule 12 have been submitted by Councillors on this occasion.

No motions on notice, pursuant to Council Procedure Rule 12, had been submitted by members of the Council for this meeting.

In accordance with the provisions of Article 15.02 (a) and (c) of the Council’s Constitution, to approve the recommended changes to the Constitution put forward by the Monitoring Officer and the Cabinet following a review undertaken by the Corporate Finance and Governance Portfolio Holder through a Working Party constituted for this purpose.

In accordance with the provisions of Article 15.02 (a) and (c) of the Council’s Constitution, full Council was requested to approve the recommended changes to the Constitution put forward by the Monitoring Officer and the Cabinet in their joint report following a review undertaken by the Corporate Finance and Governance Portfolio Holder through a Working Party constituted for that purpose.

Members were aware that, on 16 December 2022, Cabinet had considered a report of the Corporate Finance and Governance Portfolio Holder, which had requested it to approve the recommended changes to the Constitution for referral onto Full Council.

It was reported that the main proposals covered a number of miscellaneous amendments to the Council Procedure Rules, Articles of the Constitution, Overview and Scrutiny Procedure Rules, the Property Dealing Procedure, the Procurement Procedure Rules, the Financial Procedure Rules and Delegated Powers in order to ensure the Council’s Constitution remained effective, efficient and consistent at an operational level.

Members were aware that a summary of the proposed changes compared to the existing Parts of the Constitution was provided under each heading in the background section of the joint report and in each case, the content had been revised to provide greater clarity, ensure effectiveness and efficient up to date working practices for both Members and Officers and also to ensure it was in accordance with legislation, where necessary.

Councillors Turner, Stock OBE and Baker addressed the Council during the debate on this matter.

Having considered the outcome of the annual review of the Constitution and the Cabinet’s recommendations arising therefrom, and in order to enable those recommendations to be approved and adopted:-

It was moved by Councillor G V Guglielmi and:-

RESOLVED that –

(a)    the Council’s Constitution be amended to reflect the proposed changes as set out in Appendices A to M attached hereto this report and that those changes come into immediate effect;

(b)    Council notes and endorses the Monitoring Officer’s firmly reiterated advice that Members using the “Approval of the previous Minutes” item on agendas as a way of raising matters from that previous meeting, whether loosely connected or not, is not acceptable as such actions did not comply with the need to give the requisite public notice of matters that would be discussed at a committee etc. meeting i.e. it breached local government law;

(c)    Council further notes and endorses the proposed change to Article 7.08 (Cabinet Procedure Rule 1.5), as set out in Appendix N; and

(d)    Council additionally notes that:-

(i)    the Centre for Governance and Scrutiny, Lawyers in Local Government and the Association of Democratic Services Officers are proposing to issue guidance in the area of “call-ins” of Executive decisions and so it is likely that this Council will need to look further at this in 2023 (and particularly its implications for Overview and Scrutiny Procedure Rules 17 and 18) once that guidance is issued;

(ii)  the practice guides prepared by the Head of Democratic Services & Elections to assist members of Overview and Scrutiny Committees  ...  view the full minutes text for item 75.

The Council will consider any reports submitted to it by an Overview and Scrutiny Committee.

No reports from an overview and scrutiny committee had been submitted for Council’s consideration and determination at this meeting.

To consider any potential uplift in the current Members’ Allowances Scheme for 2022/23.

To determine the Members’ Allowances Scheme for 2023/24 and beyond.

(REPORT IS “TO FOLLOW”)

Council considered the report of the Independent Remuneration Panel and had regard to the Panel’s recommendations therein in determining the uplift to be applied to the Basic and Special Responsibility Allowances in the scheme for 2022/23 and in approving the Scheme of Allowances for Members for 2023/24 (and until 2027/28).

Members were aware that the Council’s Independent Remuneration Panel had been meeting over the past few months as it considered the separate, but related, elements of the Scheme of Allowances for Members of the Council.  Those elements were, firstly, what uplift should be applied to the Basic and Special Responsibility Allowances for Councillors in 2022/23 following the pay award for Council staff approved in late 2022.  The second element was the entire Scheme of Members’ Allowances that should be put in place for 2023/24 (and for the period to 2027/28 with an index link).  In concluding the Panel’s work, it had produced a report, which was set out as the Appendix to item A.5 of the Report of the Head of Democratic Services and Elections.  It was a legal requirement that the Council could only make (changes to) its Scheme of Members’ Allowances after receiving a report from its Independent Remuneration Panel (IRP).

It was moved by Councillor Stock OBE and seconded by Councillor M E Stephenson that –

(a)    the report of the Independent Remuneration Panel (set out in the Appendix to this report), following that Panel’s review of the appropriate uplift to be applied to Basic and Special Responsibility Allowances in the scheme for 2022/23 and the Scheme of Allowances for Councillors for 2023/24 (and until 2027/28) be welcomed and duly noted;

(b)    that the recommendations from the Independent Remuneration Panel set out on pages 10-13 of the Appendix be agreed in full;

(c)   that Members appointed to the role of Chairman of the Tendring Colchester Borders Garden Community Joint Committee and the role of being appointed by the Council as a Director of a Company, be categorised as level A allowance and Members of the Tendring Colchester Borders Garden Community Joint Committee be categorised as level C allowance, understanding the additional responsibilities and obligations that places, in accordance with the recommendations of the Independent Remuneration Panel on pages 11 and 12 of the appendix;

(d)   that, having determined uplift to be applied to Basic and Special Responsibility Allowances in the scheme for 2022/23 and the Scheme of Allowances for Councillors for 2023/24 (and until 2027/28), authority be given to update Part 7 of the Council’s Constitution accordingly; and

(e)   that the Chief Executive be authorised, in exceptional circumstances, to designate as approved duties such events for travel claim purposes where attendance by (a) Councillor(s) would be in the interests of the Council and the event otherwise has not been so designated.

Councillor Stock’s reasons for moving an amendment to the recommendations made by the Independent Remuneration Panel were as follows:-

“In order to address the very examples identified by the IRP in their report for allocating  ...  view the full minutes text for item 77.

Subject to the required notice being given, Members of the Council can ask questions of the Chairman of the Council, the Leader of the Council, Portfolio Holders or Chairmen of Committees.

The time allocated for receiving and disposing of questions shall be a maximum of 30 minutes. Any question not disposed of at the end of this time shall be the subject of a written response, copied to all Members the following working day unless withdrawn by the questioner.

Subject to the required notice being given, Members of the Council could ask questions of the Chairman of the Council, the Leader of the Council, Portfolio Holders or Chairmen of Committees.

One question on notice had been submitted by a Member for this meeting as set out hereunder.

Councillor Mick Barry asked Councillor Alex Porter, the Portfolio Holder for Leisure and Tourism:

 “As part of his submission to the Resources and Services Overview and Scrutiny Committee at their budget scrutiny meeting on 11^th January 2023 the Portfolio Holder for Leisure and Tourism said in a written answer to a question from Cllr Barry: ‘You will be aware that the Council has already taken the difficult decision to no longer invest in joint use facilities, owned by an external organisation. A decision on how to allocate respective budgets for these facilities has yet to be taken.’

Members will be aware that funding for the joint use sports centre facilities at Brightlingsea and Harwich was withdrawn following a Cabinet decision in December 2021. The rationale for this decision was to make a straightforward cost saving, in respect of both revenue spending and capital investment.

Since the withdrawal of TDC funding 13 months ago the Sigma Trust have invested well over £1million into the sports facilities at Brightlingsea, and after a period of closure the centre started to provide limited public access again from September 2022.

Can Councillor Porter confirm whether there are any plans to allocate the £60,000 estimated savings from Brightlingsea Sports Centre to provide funding for future sports development in the town as part of the new District Sports Strategy?

Finally can he also confirm when the strategy will be delivered for consultation to reassure residents that the needs of Brightlingsea will be fully considered and addressed within this strategy?’”

The Leisure and Tourism Portfolio Holder replied as follows:-

“Thank you Councillor Barry for your question and for your update to Full Council on the community use of the Sigma Trust sports facilities in Brightlingsea. 

It is excellent news that the Sigma Trust have invested so heavily in their own facilities and continue to provide public access, which is what they said they would do when the joint agreements came to an end.

When the Sports Strategy comes forward in the summer, it will consider the needs of the whole District, including Brightlingsea.   

As part of our support of the Sigma Trust facilities in Brightlingsea and Harwich, from last July we allocated £25,000 to support the setup of sports groups.

I am also pleased to let you know that a further new grant scheme to support increasing levels of physical activity in the District is due to be brought forward shortly.  This is being funded through the UK Shared Prosperity Fund and will be eligible to local clubs and organisations around the District.  Once further information is available, we will be updating Members and the local community.” 

Councillor Barry then asked a question of clarification to which Councillor Porter  ...  view the full minutes text for item 78.

The Council will consider any urgent matters submitted in accordance with Council Procedure Rules 3(xv), 11.3(b) and/or 13(p).

No urgent matters had been submitted in accordance with Council Procedure Rules 3(xv), 11.3(b) and/or 13(p) for this meeting.