Agenda, decisions and minutes

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

Apologies for absence were received on behalf of Councillors L A McWilliams (Portfolio Holder for Leisure, Health and Well-being), J A Broderick (Leader of the Holland-on-Sea Residents’ Group), J Chittock (Leader of the Tendring Independents Group) and I J Henderson (Leader of the Labour Group).

To confirm and sign the minutes of the last meeting of the Cabinet held on Friday 10 June 2016.

The minutes of the last meeting of the Cabinet, held on Friday 10 June 2016, were approved as a correct record and signed by the Chairman, subject to it being noted that the meeting had been held in the Princes Theatre and not the Essex Hall as stated.

Members are invited to declare any Disclosable Pecuniary Interests, or other interests, and the nature of them, in relation to any item on the agenda.

There were no declarations of interest made at this time though, under Minute 46 below, Councillor G V Guglielmi later declared an interest insofar as he was a local Ward Member and a customer of The Red Lion Public House.

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

There were no announcements by the Leader of the Council on this occasion.

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

The Portfolio Holder for Housing (Councillor Honeywood) made the following announcement:     

“Earlier this year Neil [Stock, Leader of the Council] decided that Jaywick Sands should have its own Cabinet Member, a decision that shows this Cabinet’s commitment to deliver real improvements for the area, working in tandem with other partners to create a team to champion Jaywick Sands.

I was pleased to be offered that position and grateful for the opportunity to be able to take a leading role in bringing forward change.

Today, I would like to update Cabinet on the progress we have made.

As I’m sure you are aware, Tendring Council has purchased over 28 hectares of land in Jaywick Sands. We have now made an offer to purchase land north of Lotus Way. This will provide alternative access into the former Homes and Communities Agency land. The offer has been accepted and we are now awaiting confirmation from the landowner’s solicitors.

As you know, we were awarded a £200,000 grant by the Homes and Communities Agency towards the cost of building 10 brand new high quality flood resilient starter homes. I am pleased to report that the land set aside for this has now been fenced off and an environmental survey undertaken. We now looking at the additional funding needed to complete the project.

We have said from the outset that real change cannot be delivered by local or national government as the money is simply not available in these times of austerity. That’s why we need private investors and developers to get involved.

Working with the Coastal Communities Team and in particular the Housing Finance Institute discussions have been ongoing with Cheyne Capitol and Legal and General, potential investors who’s Heads of investment have now visited Jaywick Sands and are very positive about investing in the area.

I am pleased to report that the first private sector developer has submitted planning applications for two blocks of flats on the front in Brooklands. They are not currently compliant with the planning rules but our planners are working with the applicant’s architects to make them compliant. The developer has confirmed that they are looking to submit a third application.

We have always said that Tendring Council would be the catalyst for change and I believe that is proving to be the case.

But working with the local community and listening to their views is important. That’s why we don’t have a master plan. It’s what local people want that matters. Further funding has been agreed with the National Lottery to continue engagement work with the local community and one of the potential investors is also keen to involve the Princes Trust, part of which specialise in such work – they have also visited Jaywick and undertaken a huge amount of background research. The start date and scope will be agreed with the Jaywick & Tudor Residents Forum.

The Happy Club have a voice too. I’m a regular attendee at their meetings along with Tendring Council’s Communications  ...  view the full minutes text for item 53.

There are none.

There were no matters referred to the Cabinet by the Council for Cabinet to consider on this occasion.

To note the comment made to Cabinet by the Corporate Management Committee at its meeting held on 13 June 2016.

That Cabinet noted the comments of the Corporate Management Committee.

It was reported that, at its meeting held on 13 June 2016, the Corporate Management Committee commented that it looked forward to receiving the Cabinet’s proposals for budget savings, The Committee also requested that Cabinet ensured that it was given sufficient time to consider the potential budget savings, in order to fit in with the Committee’s commitment to pro-actively scrutinise the budget.

Having considered the request of the Corporate Management Committee:

It was moved by Councillor Stock, seconded by Councillor Talbot and:

RESOLVED that Cabinet notes the comments of the Corporate Management Committee.

To note the comments made by the Community Leadership and Partnerships Committee at its meeting held on 11 July 2016 after the Committee received a presentation from Mr Alan Lindsay (Essex County Council’s Transport Strategy and Engagement Manager Transportation, Planning and Development) on Highway issues such as the A.120 roundabout, A.133 update (particularly considering recent fatal accidents) and the Manningtree Railway Bridge Bottleneck.

That:

(a)    a letter regarding forward funding of the traffic lights at Manningtree be sent from the Leader of the Council and that, at the same time, the opportunity be taken to remind Essex County Council of their obligations in relation to highways maintenance particularly in rural areas; and

(b)    the comments from the Community Leadership and Partnerships Committee in relation to the Local Highways Panel and funding assistance regarding flooding be agreed.

It was reported that, at its meeting held on 11 July 2016, the Community Leadership and Partnerships Committee had received a presentation from Mr Alan Lindsay (Essex County Council’s Transport Strategy and Engagement Manager Transportation, Planning and Development) on Highway issues such as the A.120 roundabout, A.133 update (particularly considering recent fatal accidents) and the Manningtree Railway Bridge Bottleneck.

Following that presentation the Committee had agreed to make recommendations to Cabinet as follows:

“(a) that a letter be sent to Essex County Council urging them to forward fund £150,000 to enable the traffic lights at Manningtree to be installed as soon as possible with the funding to be recovered from S.106 agreements as developments proceeded;

(b)   that all Members, through engagement with their County Councillor, be encouraged to submit schemes to the Local Highways Panel and to attend the regular meetings; and

(c)   that the availability of funding to assist householders with flooding be investigated and promoted with home owners in affected areas as appropriate.”

Having considered the recommendations of the Community Leadership and Partnerships Committee:-

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

RESOLVED that:

(a)    a letter regarding forward funding of the traffic lights at Manningtree be sent from the Leader of the Council and that, at the same time, the opportunity be taken to remind Essex County Council of their obligations in relation to highways maintenance particularly in rural areas; and

(b)    the comments from the Community Leadership and Partnerships Committee in relation to the Local Highways Panel and funding assistance regarding flooding be agreed.

To note the comment made to Cabinet by the Service Development and Delivery Committee at its meeting held on 1 June 2016.

That the contents of the report be noted.

It was reported that, at its meeting held on 1 June 2016, the Service Development and Delivery Committee had received from the Council’s Licencing Manager an overview of the scope of work that his team undertook and some background towards the relationship that they had with the many Licensees and other local authorities, such as Essex Police and Essex Trading Standards. The Chairman of the Service Development and Delivery Committee had invited licensees from both the taxi and alcohol related trades to attend in order to give a balanced view regarding the licensing service that the Council delivered.

During the discussions it was noted by representatives of the taxi trade that currently the Council only offered one day per week (Tuesday) whereby taxi drivers could take their vehicle to the garage services delivered by the Council at Northbourne Depot in order to get the prerequisite vehicle checks. It was also noted that sometimes the garage was very busy and that checks had to spill over until the following day. It was felt to be very important for taxi drivers, many of whom were self-employed, that they could keep their vehicle on the road. Dependant on timing a vehicle could sometimes not be used for more than a week whilst waiting for a slot to have a vehicle check especially where a vehicle was being changed for a new vehicle. This could have a big impact on the financial security of a taxi driver.

Following those discussions the Committee requested that the Licensing Manager explored the possibility of extending the number of days whereby taxi checks could be undertaken. The Committee also requested that the Cabinet note the following comments of the Committee that:

“(a) the Licencing General Purposes Sub-Committee is seeing less taxi drivers coming in front of them after being caught using their mobile phones whilst driving;

(b)    the relationship between the TDC Licencing team and Licensees is very good and that the service is seen as good value for money;

(c)    the Committee would investigate the possibility of a working party being set up to explore the safety of taxi drivers which would mean liaising with Community Safety; and

(d)   the presentation had been excellent and very informative on a very complex subject.”

Having considered the comments of the Service Development and Delivery Committee:-

It was moved by Councillor Stock, seconded by Councillor Ferguson and RESOLVED that the contents of the report be noted.

There are none.

There were no items from the Leader of the Council on this occasion.

To report on the Council’s treasury management activities and Prudential Indicators for 2015/16.

That the Treasury management performance position and Prudential and Treasury Indicators for 2015/16 be noted.

There was submitted a report by the Portfolio Holder for Finance, Revenues & Benefits (Report A.4), which sought to provide Cabinet with an overview of the Council’s treasury management activities and Prudential Indicators for 2015/16.

Cabinet was informed that:

·           Borrowing and investments had been undertaken in accordance with the 2015/16 Annual Treasury Strategy that had been approved by Council on 24 March 2015;

·           No external borrowing had been undertaken in 2015/16 for either the General Fund or the Housing Revenue Account; and

·           The amount of interest earned from investments remained low because of the continuing low interest rates existing throughout the year.  However, due to maximising investment opportunities and cash flow advantages during the year interest returns had been in line with the increased amount budgeted.

The outturn for the Prudential Indicators was before Members as Appendix B to the Report of the Portfolio Holder for Finance, Revenues & Benefits.

Having considered the report:

It was moved by Councillor Howard, seconded by Councillor G V Guglielmi and RESOLVED that the treasury management performance position and Prudential and Treasury Indicators for 2015/16 be noted.

To present an intitial General Fund Baseline for 2017/2018 against which the detailed estimates will be built upon in the course of the year.

That:

(a)    Cabinet agrees the initial financial baseline for 2017/18 and requests Portfolio Holders, supported by Officers, to continue to facilitate the various savings strands and initiatives to deliver a balanced budget for presenting to Cabinet in December 2016;

(b)    the Corporate Management Committee be consulted on the initial financial baseline for 2017/18;

(c)    the Local Council Tax Support Scheme grant to Town and Parish Councils be reduced by 5% in 2017/18, and

(d)    the decision whether to remain in the Essex-wide pool for non-domestic rates in 2017/18 be delegated to the Finance, Revenues and Benefits Portfolio Holder, in consultation with the Corporate Director (Corporate Services).

There was submitted a detailed report by the Portfolio Holder for Finance, Revenues & Benefits (A.5) which sought to provide Cabinet with an initial General Fund financial baseline for 2017/18 against which the detailed estimates would be built upon over the course of the year.

Cabinet was informed that:

·           The initial financial baseline for 2017/18 set out an initial budget ‘gap’ of £1.565m. In continuing the move to self-sufficiency, this was based on a 1.99% increase in the level of Council Tax at this stage of the budget cycle. This would, however, be subject to further review over the course of the budget setting process and against the referendum limits for 2017/18 which would be announced by the Government later in the year. If the referendum limit was set at £5.00 for 2017/18, in a repeat of the 2016/17 limit, then this could provide the opportunity to raise additional on-going income of £0.095m.

·           The initial budget ‘gap’ also reflected the provisional revenue support grant (RSG) figure of £1.650m, a reduction of £0.914m (36%) compared to 2016/17.

·           As highlighted in last year’s budget reports, the Government had announced provisional / minimum RSG figures for 2017/18, 2018/19 and 2019/20 on the basis of each Authority submitting efficiency plans to the Government by Autumn this year. The provisional settlement phased out RSG by the end of 2019/20 with only £0.400m receivable in that year.

·           A number of savings strands were already being progressed which would be finalised as part of presenting the revised position to Cabinet in December 2016. Work remained in progress in consultation with Portfolio Holders, the Corporate Management Committee and Members in order to identify the level of savings required to meet the budget ‘gap’.

·           Given current economic uncertainty following the EU referendum, it was difficult to forecast any knock on impact that could arise, which could include a more front loaded reduction in the RSG than already proposed. However, the Government had recently announced that they would no longer be aiming for a budget surplus by 2019/20, which it was hoped would limit any changes to the provisional RSG figures already announced. Although this would be monitored over the budget setting cycle with updates provided to Members accordingly, the provisional RSG figures announced last year had therefore been included.

·           The Council had to continue to seek ways to grow its own funding through regeneration, economic development etc. which would provide a strong position to move into the new era of 100% business rates retention from 2020. There were a number of critical ‘core funding’ risks around business rates, not only in the future but within the current partial retention regime.

·           The initial forecast did not include the final position for items such as cost pressures and potential further changes to budgets although estimates had been included where possible with further details likely to emerge over the course of the year. Therefore it was recognised that the budget ‘gap’ could increase further.

·           A number of Essex Local Authorities continued to  ...  view the full minutes text for item 60.

Cabinet is asked to determine whether The Red Lion, Manningtree meets the criteria set out in the Localism Act 2011 (“the Act”) and the Assets of Community Value (England) Regulations 2012 (“the Regulations”) following its nomination as an Asset of Community Value by Tendring CAMRA Branch. No other criteria are pertinent.

That Cabinet agrees that the Red Lion Public House, 42 South Street, Manningtree, CO11 1BG meets the definition of an Asset of Community Value, as set out in Section 88 of the Localism Act 2011, and that the building be added to the Council’s list of Assets of Community Value.

There was submitted a report by the Portfolio Holder for Well-being and Partnerships (Report A.6) which sought Cabinet’s decision on whether The Red Lion Public House, Manningtree met the criteria set out in the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012, following its valid nomination as an Asset of Community Value by the Tendring CAMRA Branch. No other criteria were pertinent to the decision.

The Cabinet was informed that the Officers, taking the evidence provided into account, were of the opinion that the building nominated did meet the criteria set out in Section 88 of the Localism Act 2011 and, accordingly, were recommending that the building should be listed as an Asset of Community Value.

Having considered the report, the valid nomination and the advice of Officers, it was moved by Councillor G V Guglielmi, seconded by Councillor Watling and:

RESOLVED that Cabinet agrees that the Red Lion Public House, 42 South Street, Manningtree, CO11 1BG meets the definition of an Asset of Community Value, as set out in Section 88 of the Localism Act 2011, and that the building be added to the Council’s list of Assets of Community Value.

There are none.

There were no items from the Management Team on this occasion.

            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 12 and 13 on the grounds that they involve the likely disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 12A, as amended, of the Act.”

It was moved by Councillor Stock, 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 and 17 on the grounds that they involve the likely disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 12A, as amended, of the Act.

To confirm and sign as a correct record the exempt minute of the meeting of the Cabinet held on Friday 10 June 2016.

The exempt minute of the last meeting of the Cabinet, held on Friday 10 June 2016, was approved as a correct record and signed by the Chairman, subject to it being noted that the meeting had been held in the Princes Theatre and not the Essex Hall as stated.

            Given the decision by the existing contractor to serve a non-contractual notice of their intention to terminate the contract, to seek approval to make changes to the method of service provision including the requirement to create a new in-house service team to undertake the cleaning of the Council’s public conveniences and to make the necessary budgetary virements to facilitate this change.

That Cabinet:

(a)    notes the contents of the report and the non-contractual unilateral termination by the last supplier;

(b)    endorses the in-house solution with delegation given to the Corporate        Director (Operational Services) to undertake the necessary activities to        facilitate and implement the in-house delivery model;

(c)    gives delegation to the Head of Finance, Revenues and Benefits Services to undertake the necessary budget virements to reflect the in-house solution;

(d)    approves an increase of £24,000 to the existing public convenience cleaning budget to enable the current contractor to be retained until the proposed in-house solution is implemented, funded from the 2016/17 Contingency Budget; and

(e)    instructs the Corporate Director (Operational Services), in consultation with the Head of Governance and Legal Services, to explore the options available for legal action against Mitie for any loss attributable to the breach of contract for early termination.

There was submitted a report by the Portfolio Holder for Commercialisation which, given the decision by the existing contractor to serve a non-contractual notice of their intention to terminate the contract, sought Cabinet’s approval to make changes to the method of service provision including the requirement to create a new in-house service team to undertake the cleaning of the Council’s public conveniences and also to make the necessary budgetary virements to facilitate this change.

Having considered the current position and the legal and financial implications contained within the report:

It was moved by Councillor Turner, seconded by Councillor Watling and:

RESOLVED that Cabinet:

(a)    notes the contents of the report and the non-contractual unilateral termination by the last supplier;

(b)    endorses the in-house solution with delegation given to the Corporate        Director (Operational Services) to undertake the necessary activities to        facilitate and implement the in-house delivery model;

(c)    gives delegation to the Head of Finance, Revenues and Benefits Services to undertake the necessary budget virements to reflect the in-house solution;

(d)    approves an increase of £24,000 to the existing public convenience cleaning budget to enable the current contractor to be retained until the proposed in-house solution is implemented, funded from the 2016/17 Contingency Budget; and

(e)    instructs the Corporate Director (Operational Services), in consultation with the Head of Governance and Legal Services, to explore the options available for legal action against Mitie for any loss attributable to the breach of contract for early termination.