Agenda, decisions and minutes

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

Apologies for absence were submitted on behalf of Councillors Joy Broderick (the Portfolio Holder for Independent Living) and Paul Honeywood (the Portfolio Holder for Housing).

To confirm and sign the minutes of the last meeting of the Cabinet held on Friday 8 November 2019. 

It was RESOLVED that the Minutes of the meeting of the Cabinet held on Friday 8 November 2019 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.

There were no declarations of interest made at this time though later on in the meeting during the discussions on report B.1 – Essex County Council Telecare Tender – Councillors G V Guglielmi, I J Henderson and M E Stephenson each declared a personal interest insofar as they were also Essex County Councillors but were not involved within any decision making at the County Council.

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

The Leader of the Council (Councillor Stock OBE) made the following announcements:-

Climate Emergency

“Many of you will recall that I put forward a motion in the Summer proposing that the Council declare a climate emergency.

On 7^th August we did declare a climate emergency, making a commitment for the Council’s operations to be carbon neutral by 2030 and to provide community leadership to encourage our businesses and communities to aspire towards the same target.

As part of the declaration I agreed to set aside £150,000 in support of this work and to set up a cross-party climate change working group.

I am extremely pleased to say that a cross party working group was quickly established with Councillor Alan Coley as the chair. The group met for the first time on 12^th September and has recently held its fourth meeting. I know that the discussions held by the group have been extremely positive and that party politics have not come into play. That is important as we must not let our politics get in the way of such an important issue.

So far, through the work of the group we have achieved the following:

• A commitment to tree planting in the District. It has been reported that Tendring has only 4% tree coverage so we have a great opportunity here. 2400 trees were planted at Rush Green over the last weekend in November, bringing the total number of trees planted there this year to 5000.  On the recommendation of the group I have written to Councillor Finch, as leader of Essex County Council, to ask that they maximise the proportion of trees planted in Tendring as part of their commitment to a £1 million tree planting programme across Essex and I am sure that tree planting will be a feature of our Action Plan.

• A recommendation that an energy efficiency assessment of all our general fund buildings be carried out so we can prioritise our planned investment and works to those buildings. I have just signed a decision committing us to this work which will be carried out in the New Year and funded from the £150,000 I mentioned earlier.

• Linked to this we have set aside a budget of £1.13 Million towards future energy efficiency improvements to our buildings.

• The appointment of a specialist consultancy to work with us to calculate our carbon footprint and prepare our action plan for becoming carbon neutral. The consultants we have chosen to work with are the Energy division of the Association of Public Service Excellence (APSE Energy). APSE, who are wholly owned by the local authorities who are their members, have a good knowledge of local councils and are very well placed to support us.  I am therefore confident they will help put us on the right footing. I want the public money we will spend on carbon reduction to be well spent and for us to focus our actions on those areas where we can have the biggest impact  ...  view the full minutes text for item 80.

The Cabinet is asked to note any announcements made by Members of the Cabinet.

Illuminate Festival, Harwich

The Leisure and Tourism Portfolio Holder (Councillor Porter) made the following announcement:-

“I would like to highlight to Cabinet the amazing event which took place at the end of November on a crisp evening when all of Harwich was both lit up and packed with families enjoying an incredible light and sound display.

The Illuminate Festival took place on the evenings of Friday 29th and Saturday 30th, bringing a lantern parade, Tunnel of Light and projections right along the old town seafront.

Similar festivals have been held at destinations across the UK, The Netherlands and USA as places with links to The Mayflower and its Pilgrim voyage mark the historic anniversary. Next year sees the 400^th anniversary of the Trans-Atlantic crossing and a year of events will commemorate the landmark, with Illuminate held around Thanksgiving period.

An estimated 6,000 people attended Harwich Illuminate Festival across the two days, to enjoy the stunning projections along buildings on The Quay and onto Christopher Jones’ House.

Friday saw a lantern parade led by Spark! drummers and containing children from around the town who helped make giant puppets and lanterns, as well as a performance by a 90-strong choir (including our retiree today, Martyn Knappett) which was projected live onto The Pier Hotel. Saturday began with a fireworks flight display by Fireflies, and had a carnival feel with stilt walkers, jugglers, face painting, puppets and more.

There was an incredible buzz throughout the two days, and this is only the start of our commemorations.

A huge thank you must go to our staff for organising such an incredible event and to our partners, most notably The Pier, Harwich Haven Authority and the Harwich Festival, as well as all of the performers and our hosts.”

Councillor I J Henderson, on behalf of himself and his fellow Harwich and Dovercourt Ward Members thanked the Head of Sport and Leisure (Mike Carran) and those Officers from all parts of the Council who had been instrumental in helping to make this event such a great success.

Waste and Recycling Collections

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

“After all the work that had been put into the introduction of major changes to our Waste and Recycling collections by the staff in Environment Services, the latest statistics supplied by the County Council as the disposal authority, show that the Cabinet’s intention that our re-cycling rate must be increased - is well and truly being achieved, thanks to their efforts.

Our residents, notwithstanding many introductory difficulties, must be congratulated on their co-operation with the Council in helping us achieve a quite exceptional turn round of which we can all be proud of.

September is the first month where a true comparison can be made with last year – pre the new system.

In September 2018 Tendring’s recycling was 29% of all the waste collected, but the County inform us that in September 2019 our recycling rate was now 41.8%. Let  ...  view the full minutes text for item 81.

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To seek Cabinet’s approval of, and recommendation to Full Council, of the final proposals for the Corporate Plan 2020/24, following full consultation with key partners and stakeholders.

RECOMMENDED TO COUNCIL that the final proposals for the Corporate Plan 2020/24, as set out in Appendix B to item A.1 of the Report of the Leader of the Council, be approved, subject to within the section headed “A Growing and Inclusive Economy” the aspiration “Maximise our seafront opportunities” being amended to read “Maximise our coastal and seafront opportunities”.

The Cabinet gave consideration to a report of the Leader of the Council (A.1) which sought its approval for the onward recommendation to Full Council of the final proposals for the Council’s new Corporate Plan 2020/24.

Cabinet recalled that, at its meeting held on 13 September 2019, it had agreed the draft proposals for the Corporate Plan 2020/24 as its initial proposals for consultation purposes. That consultation process had included presentation to the two Overview and Scrutiny Committees (for consideration and comment back to Cabinet), and consultation with key partners (other Local Authorities, Parish and Town Councils), community representatives, local primary and secondary schools, members of the public and industry and business bodies. The feedback from that consultation process was summarised within the Leader’s report.

Members were informed that the final proposed Corporate Plan continued to follow the principles which had been previously agreed by the Cabinet, namely:-

• a “Plan on a Page”;
• with Community Leadership at its heart
• with other cross-cutting themes identified such as Tendring4Growth; and
• with a clear statement of the Council’s overall vision and values.

It was reported that, following the consultation process and as part of working collaboratively, a number of consultees had requested that the Future of Essex and the vision and ambitions this document set out, be included with Tendring’s final proposals.  Therefore the Leader of the Council was recommending that within the values section and working collaboratively that this section be expanded as follows:

“Working collaboratively with partners, including supporting the Essex wide vision and ambitions”.

 The other key themes, remained as previously reported, namely:

• Delivering High Quality Services
• Community Leadership Through Partnerships
• Building Sustainable Communities for the Future
• Strong Finances and Governance
• A Growing and Inclusive Economy

There had also been some minor updates to the order of priorities within the Corporate Plan.

The “Vision of the Council” remained unchanged from the initial proposals.

Having considered the final proposals for the Corporate Plan 2020/24, as set out in Appendix B to the Leader of the Council’s report:-

It was moved by Councillor Stock OBE, seconded by Councillor Newton and:-

RECOMMENDED TO COUNCIL that the final proposals for the Corporate Plan 2020/24, as set out in Appendix B to item A.1 of the Report of the Leader of the Council, be approved, subject to within the section headed “A Growing and Inclusive Economy” the aspiration “Maximise our seafront opportunities” being amended to read “Maximise our coastal and seafront opportunities”.

To enable Cabinet to consider the updated financial forecast and proposed position for 2020/21 for consultation with the Resources and Services Overview and Scrutiny Committee.

RESOLVED that Cabinet:

a)       approves the updated Financial Forecast and proposed position for 2020/21, as set out in the report and its appendices; and

b)       requests the Resources and Services Overview and Scrutiny Committee’s formal comments on this latest financial forecast and proposed position for 2020/21.

The Cabinet gave consideration to a detailed report of the Corporate Finance and Governance Portfolio Holder (A.2) which sought its approval for the updated financial forecast and proposed position for 2020/21 to go out for consultation with the Resources and Services Overview and Scrutiny Committee.

Members were advised that, as part of maintaining a ‘live’ forecast, further updates to the position for 2020/21 had been made since the financial forecast had been last considered by Cabinet at its meeting held on 8 November 2019.

It was reported that, at this stage of the budget process, there was a net deficit of £0.023mforecast in 2020/21, an overall change of £0.946m compared with the £0.969m deficit reported to Cabinet on 8 November 2019. Therefore the long term forecast remained on the right trajectory over the period it covered.

Cabinet’s attention was particularly drawn to the fact that the 2020/21 budget included an estimated collection fund surplus of £1.360m.Although this was an on-going item in the budget it was reviewed each year based on in-year collection performance and could therefore only be deemed as a one-off ‘saving’ in 2020/21. Although this amount was available to support the 2020/21 budget, if this was excluded from the forecast, there would be a budget deficit of £1.383m for 2020/21.

Members were informed that, although subject to potential changes to the forecast over the remaining budget setting period, the current forecasted deficit of £0.023m would be met by drawing money down from the forecast risk fund.

Cabinet was aware that the timing of the Local Government Finance Settlement had been disrupted this year due to the Parliamentary General Election and the date of the announcement remained unclear. However, given that the revenue support grant had been completely removed in 2020/21, the main remaining items of note would relate to the confirmation (or otherwise) of the Council’s ability to increase the level of Council Tax by a maximum of £5 along with other specific grant funding. Any changes emerging from the detailed Local Government Finance Settlement would be included in the figures that would be presented to Cabinet at its next meeting in January 2020 when it would consider its final budget proposals for recommendation to Full Council.

Cabinet was advised that, once the final position for 2020/21 was determined, the remaining years of the 10 year forecast would be revised, set against the revised 2020/21 position and would be reported to Members later in the budget setting process.

Having considered all of the information contained in the Portfolio Holder’s report and its appendices and in order to enable the Resources and Services Overview and Scrutiny Committee to be formally consulted as part of the budget setting process :-

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

RESOLVED that Cabinet:

a)     approves the updated Financial Forecast and proposed position for 2020/21, as set out in the report and its appendices; and

b)     requests the Resources and Services Overview and Scrutiny  ...  view the full minutes text for item 85.

To obtain agreement for the identification and implementation of energy saving measures in Council owned Community Centres and for the remaining balance in the Big Society Fund to be reallocated to support that.

RESOLVED that –

(a)         in support of the Council’s commitment to carbon neutrality, the remaining monies within the Big Society Fund be reallocated to support the Council’s community buildings in assessing the most suitable green energy improvements and to implement them where appropriate and to cease the Big Society Fund;

(b)         the Deputy Chief Executive be authorised to reach agreement and expend funds on identified works at Community Centres where formal leases and robust management practices are in place;

(c)         Officers prepare a further report detailing further energy efficiency measures that could be implemented at community centres which cannot be funded as above; and

(d)         Officers be requested to ensure that formal leases are set in place for all community centres owned by the Council on similar standard terms, including the requirement in new leases to work to facilitate the activities of public and third sector partners.

The Cabinet gave consideration to a report of the Corporate Finance and Governance Portfolio Holder (A.3) which sought its agreement for the identification and implementation of energy saving measures in Council owned Community Centres and for the remaining balance in the Big Society Fund to be reallocated to support that initiative.

Members were aware that the Council had declared a climate emergency and priority to achieve carbon neutrality by 2030.

Cabinet recalled that the Big Society Fund had been launched in April 2011 and to date had awarded over £800,000 in grants to a wide variety of organisations and projects in the local area.  There was now £78,400 remaining in the fund which was not considered sufficient to invite a further round of bids as many of the applicants would likely have no chance of receiving any funding.  The Portfolio Holder had expressed his wish to see the remaining money used to support the carbon neutrality agenda and community buildings and he was therefore proposing that the remaining fund be reallocated in order to assess the Council’s community centre buildings and support Green Energy improvements to reduce their outgoings and make them more sustainable.

Members were made aware that it was unlikely that the fund available would complete all of the measures possible and it was unlikely that any of the existing buildings would achieve Carbon neutrality in their own right. It was therefore proposed that a further report be prepared identifying further works that might be advantageous in terms of viable works to the buildings and that further measures beyond that aimed at carbon neutrality be considered within that project.

Having considered the proposals contained within the Portfolio Holder’s report:-

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

RESOLVED that –

(a)       in support of the Council’s commitment to carbon neutrality, the remaining monies within the Big Society Fund be reallocated to support the Council’s community buildings in assessing the most suitable green energy improvements and to implement them where appropriate and to cease the Big Society Fund;

(b)       the Deputy Chief Executive be authorised to reach agreement and expend funds on identified works at Community Centres where formal leases and robust management practices are in place;

(c)       Officers prepare a further report detailing further energy efficiency measures that could be implemented at community centres which cannot be funded as above; and

(d)       Officers be requested to ensure that formal leases are set in place for all community centres owned by the Council on similar standard terms, including the requirement in new leases to work to facilitate the activities of public and third sector partners.

Pursuant to the provisions of Article 7.08 [1.5] (ii) of the Council’s Constitution the Leader of the Tendring Independents Group (Councillor M E Stephenson) and the Leader of the Labour Group (Councillor I J Henderson) both requested that their Group’s opposition to this decision be recorded in the minutes.

To set out and seek approval of the following for consultation with the Resources and Services Overview and Scrutiny Committee:

·           An HRA Budget for 2020/21 including the movement in HRA Balances;

·           The level of fees and charges for 2020/21; and

·           The HRA Capital Programme.

RESOLVED that Cabinet -

(a)         approves a 2.7% increase in dwelling rents in 2020/21;

(b)         approves the 2020/21 Scale of Charges, as shown in Appendix B to the joint report;

(c)         approves the Housing Revenue Account (HRA) Budget for 2020/21, as set out in Appendix A, along with the HRA Capital Programme and the movement in HRA Balances / Reserves, as set out in Appendix C and Appendix D respectively;

(d)         requests the Resources and Services Overview and Scrutiny Committee’s formal comments on the HRA budget proposals for 2020/21; and

(e)        authorises the Corporate Director (Operational Services), in consultation with the Housing Portfolio Holder, to make the necessary adjustments to the budget to reflect the changes to the delivery of repairs and maintenance work that was previously undertaken by Roalco.

The Cabinet gave consideration to a detailed joint report of the Housing Portfolio Holder and the Corporate Finance & Governance Portfolio Holder (A.4) which sought its approval of the following in order that they could go out for consultation with the Resources and Services Overview and Scrutiny Committee:

·      an Housing Revenue Account (HRA) Budget for 2020/21 including the movement in HRA Balances;

·      the level of fees and charges for 2020/21; and

·      the HRA Capital Programme.

Members were informed that, pending agreement of the Council’s Housing Strategy and the long term impact on the 30 year business plan, only limited changes to the HRA budget were being proposed for 2020/21. In addition, 2019/20 was the fourth and final year of the required 1% reduction in rents. For a period of up to 5 years, starting on 1 April 2020, rent increases of CPI + 1% were now allowed. Rents had therefore been increased in 2020/21 by an average of 2.7% (based on a CPI figure of 1.7%).

Therefore, the average weekly rent proposed for 2020/21 was £82.42 (£80.25 in 2019/20). The total increase in income from the 2.7% rent increase would £0.340m.Although offset / complimented by other budget adjustments, this was the primary contributor to an overall HRA surplus for the year of £0.363m. 

It was proposed to contribute the estimated surplus for the year of £0.363m to the HRA Capital Programme in order to support investment in new homes. This would go some way to making good the reduced contributions to the Capital Programme necessitated by the Government’s 4 year 1% rent reduction policy.

It was reported that the proposed HRA Capital Programme for 2020/21 totalled £3.539m and continued to provide for a range of schemes and projects, as set out withinAppendix C to the Portfolio Holders’ report.

Cabinet was made aware that the HRA general balance was forecast to total £5.029m at the end of 2020/21, which remained a strong financial position against which the Housing Strategy and associated HRA 30 year Business Plan could be developed. The HRA debt continued to reduce year on year as principal was repaid with a total debt position at the end of 2020/21 forecast to be £38.442m. This was a reduction of £1.664m compared with the figure at the end of 2019/20.

Members were reminded that, as announced during the current financial year, the Government had confirmed the removal of the HRA debt cap. Any future borrowing decisions would therefore need to take account of existing prudential borrowing principles within a revised HRA Business Plan rather than be limited to that arbitrary cap, which for this Council was £60.285m.As set out earlier in the year, any borrowing decisions that might be required to support the building of new council houses would be subject to separate decisions as opportunities arose.

Cabinet was advised that, in prior years, the HRA budget had only been subject to its approval. However, from 2020/21 the approval of the HRA budget would follow the same process  ...  view the full minutes text for item 87.

To seek approval from Cabinet for the freehold sale of a five bedroom residential property in Harwich requiring substantial structural and maintenance work.

RESOLVED that the freehold sale of the property be approved, in principle, subject to Cabinet’s decision on terms and other necessary authorisations to complete the sale of the property which would be taken later in the meeting when it considered the related private and confidential report.

The Cabinet gave consideration to a joint report of the Housing Portfolio Holder and the Corporate Finance & Governance Portfolio Holder (A.5) which sought its approval for the freehold sale of a five bedroom residential property in Harwich which required substantial structural and maintenance work.

It was reported that, in August 2019, authority had been obtained to commence the Property Dealing Procedure and list for open market sale a five bedroom residential property in Harwich which required substantial structural repairs and maintenance work.

A number of offers had been subsequently received and Cabinet’s approval, in principle, was now sought for the highest bid to be accepted. That bid sat in the upper valuation range for the building.

Cabinet’s approval to enter into a contract to dispose of the property on specific terms would be sought later on in the meeting following the exclusion of the press and public.

Having considered the information and advice contained within the joint report:-

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

RESOLVED that the freehold sale of the property be approved, in principle, subject to Cabinet’s decision on terms and other necessary authorisations to complete the sale of the property which would be taken later in the meeting when it considered the related private and confidential report.

Pursuant to the provisions of Article 7.08 [1.5] (ii) of the Council’s Constitution the Leader of the Labour Group (Councillor I J Henderson) requested that his Group’s opposition to this decision be recorded in the minutes.

To seek approval from Cabinet for the leasehold purchase of a residential property in Walton.

RESOLVED that the leasehold purchase of the property be approved, in principle, subject to Cabinet’s decision on terms and the necessary authorisations to enter in to a contract and transfer deed to complete the purchase of the property to be taken later in the meeting when it considered the related private and confidential report.

The Cabinet gave consideration to a joint report of the Housing Portfolio Holder and the Corporate Finance & Governance Portfolio Holder (A.6) which sought its approval for the leasehold purchase of a residential property in Walton.

It was reported that it was proposed to purchase the leasehold of a two bedroom first floor flat. The property was ex-Council owned and was being sold by the current owner. This Council already owned the nine other flats in the block and numerous others in the road. Buying back this property would make general improvement works and day to day management to this block an easier process. In addition, for a number of years the Council had had a strong demand for two bedroom accommodation/flats.

Cabinet was informed that, in August 2019, Portfolio Holder approval had been obtained in order to initiate the Council’s Property Dealing Procedure and to obtain an independent valuation of the property and to negotiate a price with the owner. The market valuation had now been obtained and negotiations with the owners had been completed satisfactorily which would enable the sale to be progressed to a satisfactory conclusion.

Having considered the information and advice contained within the joint report:-

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

RESOLVED that the leasehold purchase of the property be approved, in principle, subject to Cabinet’s decision on terms and the necessary authorisations to enter in to a contract and transfer deed to complete the purchase of the property to be taken later in the meeting when it considered the related private and confidential report.

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The Cabinet is asked to consider the following resolution:

“That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of Agenda Items 17, 18 and 19 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A, as amended, of the Act.”

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

RESOLVED that, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of Agenda Items 16, 17 and 18 on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A, as amended, of the Act.

To consider a report submitted in respect of the above matter.

RESOLVED that Cabinet authorises the Corporate Director (Operational Services), in consultation with the Head of Governance and Legal Services, the Head of Finance, Revenues and Benefits and the Deputy Leader of the Council, to implement its decision on this matter.

RESOLVED that Cabinet authorises the Corporate Director (Operational Services), in consultation with the Head of Governance and Legal Services, the Head of Finance, Revenues and Benefits and the Deputy Leader of the Council, to implement its decision on this matter.

To approve terms for the leasehold purchase of a property in Walton-on-the-Naze.

RESOLVED that –

(a)         the terms for the leasehold purchase of the property in Walton-on-the-Naze be approved; and

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(b)         the Deputy Chief Executive be authorised to enter into a contract and transfer deed to complete the purchase of the property on the agreed terms and subject to such other terms that he considers necessary.

RESOLVED that –

(a)       the terms for the leasehold purchase of the property in Walton-on-the-Naze be approved; and

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(b)       the Deputy Chief Executive be authorised to enter into a contract and transfer deed to complete the purchase of the property on the agreed terms and subject to such other terms that he considers necessary.

To approve terms for the freehold sale of a property in Dovercourt, Harwich.

RESOLVED that –

(a)     the terms for a freehold disposal to the successful bidder be approved; and

(b)     the Deputy Chief Executive be authorised to enter into a contract to dispose of the site on the agreed terms and subject to such other terms that he considers necessary.

RESOLVED that –

(a)   the terms for a freehold disposal to the successful bidder be approved; and

(b)    the Deputy Chief Executive be authorised to enter into a contract to dispose of the site on the agreed terms and subject to such other terms that he considers necessary.