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 J D Bray (Leader of the Independent Alliance Group), J A Broderick (Leader of the Holland-on-Sea Residents’ Group), T M Ferguson (Portfolio Holder for Tourism and Leisure) and G G I Scott (Leader of the Tendring First Liberal Democrats Group).

The Chief Executive had also submitted apologies for absence.

To confirm and sign the minutes of the meetings of the Cabinet held on Tuesday 13 June and Friday 16 June 2017.

It was RESOLVED that the minutes of the meetings of the Cabinet, held on Tuesday 13 June and Friday 16 June 2017, be approved as correct records and signed by the Chairman.

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 none on this occasion.

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

The Leader of the Council informed Members that he had cancelled the meeting of the Cabinet due to have been held on 11 August 2017 as there was insufficient business to transact. The next scheduled meeting of the Cabinet was now due to be held on 8 September 2017.

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

There were none on this occasion.

There are none on this occasion.

There were none on this occasion.

To enable Cabinet to give consideration to requests made to it by the Audit Committee in respect of the above.

That it is recognised by Cabinet that this is an important issue which has been brought into sharp focus by the tragic events at Grenfell Tower. It is also recognised that the Council’s standing emergency planning procedures are robust and it is proposed to include a session on the Council’s Emergency Planning arrangements at a future All Member’s Briefing.

Cabinet was informed that, at the meeting of the Audit Committee held on 22 June 2017, the Head of Finance, Revenues & Benefits Services & Section 151 Officer (Richard Barrett) had presented to that Committee a report on the Risk Management Framework and the updated Corporate Risk Register.

Mr Barrett had reported that, within the period under review, no new risks had been added to the register, no risks had been removed, or amended and there were no items that were currently under review. Risks had been amended in respect of –

(1)  2c Community Leadership Projects;

(2)  1a Failure to Effectively Manage Assets;

(3)  1b Catastrophic IT Network Failure;

(4)  1c Ineffective Communication / Management of Information;

(5)  6a Loss of sensitive and/or personal data through Malicious Actions, Theft and/or Hacking;

(6)  6c Disconnection from PCN Network; and

(7)  9a Ineffective Emergency Planning.

The Audit Committee had been informed that although no changes had been identified as being required at this time, the Risk Management Framework was included at Appendix A to the report for information purposes only.

The Audit Committee had decided that - 

(a)  the contents of the updates provided to the current Risk Register be noted;

(b)  in the light of the Grenfell Tower in Kensington, London fire disaster, the Cabinet be requested to re-assess the Council’s emergency plans for the evacuation and re-housing of residents in the event of a fire, flood or other major incident and ensure that the Council’s financial reserves are adequate to cope with the aftermath over a number of months; and

(c)  the Cabinet be also requested to reassess the emergency arrangements for its own office buildings.

The Cabinet had before it the following comments of the Resources and Corporate Services Portfolio Holder made in response to the requests of the Audit Committee:

“It will be sometime until the official lessons identified in the response to the Grenfell Town incident are published.

However already there are some clear, early, indicators generally for local authorities to consider:

1. Early public liaison from the senior team within the Council
2. Regular, positive liaison between Council senior team and those affected
3. Management of donated, domestic equipment (bedding, chairs etc.)
4. Management of disaster appeal fund 
5. Management of personal memorials, laying of flowers, publication of missing persons etc.
6. Opening and management of a Family and Friends Centre
7. Opening and management of Humanitarian Assistance Centre
8. Management of VIP visits
9. Management of media, opening of a media briefing centre – giving the media somewhere to go.
10. Access to money, when an individual has lost bank cards, bank details, I.D. etc.

Official reports of the incident are expected to filter through the Essex Resilience Forum and the Local Government Association etc.

However, it is important to note the robust approach this Council already takes to Emergency Planning in general, including:

            Managing short to medium term impact:

• The Council has good, tested Rest Centre procedures, enabling us to provide emergency accommodation to those who find themselves without shelter following an incident.
• Whilst  ...  view the full minutes text for item 69.

To enable Cabinet to give consideration to a recommendation made to it by the Community Leadership and Partnerships Committee in respect of the above.

(a)   a letter be sent to the local Members of Parliament to support the findings and recommendations of the House of Commons Sub-Committee on Education, Skills and the Economy contained in their report on Careers Education, Information, Advice and Guidance and to seek the implementation of actions to deliver these. In particular, that the recommendation that Ofsted have a greater role in assessing careers advice in schools be supported; and

(b)   a copy of that letter be sent to the Chairs of the Boards of School Governors of the schools within the District.

Cabinet was informed that, at the meeting of the Community Leadership and Partnerships Committee held on 22 May 2017, Essex County Council’s Employability and Skills Manager (Tracy Eve) had been in attendance and had given that Committee a presentation on Careers Education and Information, Advice and Guidance in Schools. The presentation had covered the following:-

• Statutory duty on Schools;
• Quality in careers standard;
• Tendring Schools;
• Careers Advisors;
• Activity survey for year 11 leavers in Essex and Tendring 2014-2016;
• Other employment and skills board activities to support CEIAG; and
• Other activities.

As part of the discussion, reference had been made to the House of Commons Sub-Committee on Education, Skills and the Economy and their report on Careers Education, Information, Advice and Guidance.

The Community Leadership and Partnerships Committee had decided to recommend to Cabinet that a letter be sent to the local Members of Parliament to support the findings and recommendations of the House of Commons Sub-Committee on Education, Skills and the Economy contained in their report on Careers Education, Information, Advice and Guidance. In particular, that the recommendation that Ofsted have a greater role in assessing careers advice in schools be supported.

An extract from the House of Commons Sub-Committee report referred to above was attached as Appendix A to item A.2.

Having considered the recommendation of the Community Leadership and Partnerships Committee:

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

RESOLVED that –

(a)  a letter be sent to the local Members of Parliament to support the findings and recommendations of the House of Commons Sub-Committee on Education, Skills and the Economy contained in their report on Careers Education, Information, Advice and Guidance and to seek the implementation of actions to deliver these. In particular, that the recommendation that Ofsted have a greater role in assessing careers advice in schools be supported; and

(b)  a copy of that letter be sent to the Chairs of the Boards of School Governors of the schools within the District.

To enable Cabinet to give consideration to a comment made to it by the Community Leadership and Partnerships Committee in respect of the above.

That Cabinet recognises the importance of key worker housing in support of teacher recruitment and also for other professions and asks Officers to engage with the relevant agencies to support the delivery of key worker housing where possible.

Cabinet was informed that, at the meeting of the Community Leadership and Partnerships Committee held on 22 May 2017, Essex County Council’s Lead Commissioner for SES Project Work (Graham Lancaster) had attended and had given that Committee a presentation on Teacher Recruitment and Retention. The presentation had covered the following:-

• The National picture;
• Particular challenges in Essex;
• Retention strategies;
• Recruitment;
• What TDC may be able to do;
• The performance of Essex Schools; and
• Continuing priorities.

Mr Lancaster had stressed that the one area where TDC could make a contribution towards teacher recruitment was in the provision of Key Worker Housing. The Council’s Head of People, Performance and Projects (Anastasia Simpson) informed Members that the identification of Key Worker Housing was now included in the draft Local Plan.

The Community Leadership and Partnerships Committee had decided to comment to Cabinet that it would like to stress how important Key Worker Housing was and that the issues and concerns in relation to this should be treated as a key priority.

Having considered the comment of the Community Leadership and Partnerships Committee:

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

RESOLVED that Cabinet recognises the importance of key worker housing in support of teacher recruitment and also for other professions and asks Officers to engage with the relevant agencies to support the delivery of key worker housing where possible.

To enable Cabinet to give consideration to comments and a recommendation made to it by the Corporate Management Committee in respect of the above.

(1)     In respect of points (a) and (b), the Corporate Management Committee’s comments are noted; and

(2)     In respect of point (c), this will be treated as a capital receipt, with its future use considered within the wider financial framework.

Cabinet was informed that the Corporate Management Committee, at its meeting held on 26 June 2017, had considered the Financial Outturn Report that had previously been considered by the Cabinet at its meeting held on 16 June 2017.

In addition to the comments to Cabinet set out below, during the discussion of this item, and in response to Members’ questions, the Head of Finance, Revenues and Benefits had undertook to circulate to Members after the meeting the following –

(i)      a break down of the grants given to organisations under the Big Society scheme during the last financial year;

(ii)     a copy of the Officer report to Cabinet associated with the appointment of a Public Health specialist;

(iii)    a schedule of statutory and non-statutory duties undertaken by Local Authorities as prepared by the Department for Communities and Local Government as a useful reference for the future;

(iv)   an update against the various comments that the Committee made to Cabinet when it considered the Financial Strategy and Detailed Budgets for 2017/18 earlier in the year; and

(v)    in respect of the collection of housing rent performance, the comparative figure for 2015/16.

It was also agreed that Members’ questions on the following matters would be put to the relevant Officers when they attended the next meeting of the Committee on 24 July 2017:

(1)  Fast Food Initiative Funded Projects;

(2)  Weekly Waste Collection Grant Funded Initiatives;

(3)  Men’s Cycle Tour;

(4)  Health and Safety Review following Legionnaires issue at Frinton & Walton Pool;

(5)  Beach Economy; and

(6)  The proposed provision of new Beach Huts.

The Corporate Management Committee had decided that the following comments/recommendation be put to Cabinet, namely that –

(a)  the Committee supports the 20% in planning fees;

(b)  the Committee looks forward to receiving an update in due course on how this additional income will be used to improve the Planning service; and

(c)  the insurance claim monies from the Cloes Lane, Clacton-on-Sea, rebuild should be ring-fenced and used (with Section 106 monies) to ‘buy back’ a former Council dwelling lost under the ‘right to buy’ legislation.

Having considered the comments/recommendation of the Corporate Management Committee:

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

RESOLVED that

(1)  In respect of points (a) and (b), the Corporate Management Committee’s comments are noted; and

(2)   In respect of point (c), this will be treated as a capital receipt, with its future use considered within the wider financial framework.

To enable Cabinet to give consideration to recommendations made to it by the Service Development and Delivery Committee in respect of the above.

That the comments of the Portfolio Holder are endorsed.

Cabinet was informed that, at the meeting of the Service Development and Delivery Committee held on 31 May 2017, the Resources and Corporate Services Portfolio Holder (Councillor G V Guglielmi) who was in attendance, introduced the item to the Committee and gave an overview of the current situation regarding Community Halls owned by Tendring District Council (TDC).

The Council’s Head of Property Services (Andy White) was also in attendance and he had given a verbal briefing to the Committee on the Jaywick Community Resource Centre. He confirmed:

• The ownership of the land and Community Hall;

• That draft terms for the Lease of the Community Hall (which were subject to negotiation) had been sent to the Tenant and not a Lease Contract;

• How the ‘CAROS’ scheme worked; and

• That an assessment by experts had been carried out to establish the appropriate rental charge for Council owned Community Halls.

Sharon Corcoran, Councillor Watson and Councillor Raby were also in attendance to represent the Jaywick Resource Centre Committee. The Chairman of the Committee had given them the opportunity to address the Committee with their concerns.

Members had raised questions on various issues which were responded to by the Head of Property Services and/or the Resources and Corporate Services Portfolio Holder.

It was confirmed at that meeting that the Resources and Corporate Services Portfolio Holder and the Council’s Assets Team would offer to meet with the Jaywick Resource Centre Committee members on site before lease negotiations began; and

(1)  the Resources and Corporate Services Portfolio Holder had assured the Jaywick Resource Centre Committee members that Cabinet would take into consideration the special nature of the site during any negotiations;

(2)  that any public body that used the facility should be offering a financial consideration towards the upkeep of the Jaywick Resource Centre; and

(3)  that the Jaywick Resource Centre Committee members should supply the requested financial documents to TDC Officers in advance of any negotiations.

The Service Development and Delivery Committee had decided to recommend to Cabinet that:

(a)  Any future contract between TDC and the Tenant of the Jaywick Resource Centre includes the terms of the tenant’s liabilities; and

(b)  Any outstanding repairs at the Jaywick Resources Centre are reported to the appropriate Officers at TDC and that the repairs are investigated and actioned as work schedules allow.

The Cabinet had before it the following comments of the Resources and Corporate Services Portfolio Holder made in response to the recommendations of the Service Development and Delivery Committee:

“I would like to thank the Committee for their time and consideration. I note the Committee’s suggestion that any outstanding repairs are investigated and am sure that this will be actioned when officers hear from the tenants. I am also pleased to confirm that Officers will seek to ensure that any new agreement on the use of the building will be fully clear on the rights and responsibilities of both parties.”

Having considered the recommendations of the Service Development and Delivery Committee and the comments  ...  view the full minutes text for item 73.

To enable Cabinet to give consideration to a recommendation made to it by the Service Development and Delivery Committee in respect of the above.

That the comments of the Portfolio Holder are noted.

Cabinet was informed that, at the meeting of the Service Development and Delivery Committee held on 31 May 2017, the Housing Portfolio Holder (Councillor Honeywood) had introduced this item to that Committee.

The Council’s Control Centre Service Development Manager (Claire Ellington) had been in attendance and had given the Committee a presentation on the Council’s Control Centre Services. The presentation had covered the following:-

• Update on services;
• Growth over the last 7 years;
• Future risks and opportunities;
• Careline turning 30 years old;
• External Contracts;
• Statistics;
• Wristband Service;
• Key Safes;
• CCTV;
• Careline’s involvement in Emergency Planning;
• Staff Training;
• Careline - TSA Platinum Accreditation for the third year running;
• Update on the ‘Lifting’ service; and
• Recruitment difficulties.

The Control Centre Service Development Manager had also informed the Committee that the Council had been successful with a Tender submitted to Rochford District Council for ‘out of hours’ work which had been confirmed by letter that day.

Following discussion the Committee had thanked the Control Centre Service Development Manager and all of her staff at the Control Centre for their hard work and particularly for the good work in winning external contracts.

The Service Development and Delivery Committee had decided to recommend to Cabinet -

“That the Portfolio Holder for Leisure and Partnerships and relevant Officers should revisit results from a previous falls prevention project and meet with Officers at the NEE CCG in order that they should understand the value of funding a Local Authority Lifting Service, building on past and current pilot projects and the lifting service offered by Tendring Careline.”

The Cabinet had before it the following comments of the Housing Portfolio Holder made in response to the recommendation of the Service Development and Delivery Committee:

“I would like to thank the Service Development and Delivery Committee for their comments on this service but as there is currently an evaluation of the operation and benefits which may derive from the Lifting service and given that it is still early days for the service, it is somewhat premature to suggest that we should advocating the value of the service when its value is still being assessed.  Officers are in regular dialogue with the CCG and Ambulance service regarding this and other services and at present I am content to await the outcome of the evaluation of the live service before deciding on further actions.”  

Pursuant to the provisions of Article 7.08 (1.5 (ii)) the Leader of the Labour Group requested that it be recorded in the minutes that he had serious concern about Essex County Council’s decision to give notice that it was terminating contracts in relation to the prevention of falls service. He requested that this Council liaise closely with Essex County Council with regard to what future service would be put in its place. The Housing Portfolio Holder (Councillor Honeywood) undertook to take this forward.

Having considered the recommendation of the Service Development and Delivery Committee and the comments of the Housing Portfolio Holder:

It was moved by  ...  view the full minutes text for item 74.

There are none on this occasion.

There were none on this occasion.

To seek approvals for public realm improvements to the Millennium Square, Walton-on-the-Naze including funding from the Business Investment and Growth Budget.

That Cabinet notes the contents of the report and –

a)       approves the principle of public realm improvements to the Millennium Square Walton-on-the-Naze, as outlined in Appendix A to item A.7 of the Report of the Portfolio Holder for Commercialisation, Seafronts and Parking;

b)       authorises the seeking of statutory or other consents and agreements as may be required;

c)       authorises a contribution of £50,000 towards delivery of the proposed scheme to be funded from the Regeneration and Growth budget;.

d)       requests that the Head of Public Realm completes the design and costing of the project; and

e)       authorises the Corporate Director (Operational Services), in consultation with the Portfolio Holder for Commercialisation, Seafronts and Parking and the Portfolio Holder for Planning and Regeneration, to invite tenders, enter into contracts or commission works by the Engineering Services Team in order to complete the project within the budget and approvals.

There was submitted a report by the Portfolio Holder for Commercialisation, Seafronts and Parking (Report A.7), which sought Cabinet’s approvals for public realm improvements to the Millennium Square, Walton-on-the-Naze, including funding from the Regeneration and Growth Budget.

Cabinet recalled that the Millennium Square located within the High Street Car Park, Walton-on-the-Naze had been conceived and developed in order to provide a meeting place for visitors to the town centre and a focal point for events. The original design and concept had created a shared area of public space used primarily for car parking, but which could also be used for local events on an ad hoc basis but the reality had been that the result had compromised both and did not perfectly meet either of the Council’s ambitions.

Cabinet was informed that the current proposal to address was:

• An enhanced and more attractive public area designed to encourage increased use of high quality public realm in the heart of the town centre; and

• To provide options for year round outdoor market pitches or other uses of the public area that would also provide more effective year round use of the car parking area.

The specifications for construction, the preferred design and mood board of materials were attached to the report as Appendix A for Cabinet’s consideration.

It was reported that the estimated cost for delivering this project was £90,000. Project costs could be reduced if required, or met as outlined in the financial section of the report.

Having considered the information submitted and the advice of Officers contained within the report:

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

RESOLVED that Cabinet notes the contents of the report and –

a)         approves the principle of public realm improvements to the Millennium Square Walton-on-the-Naze, as outlined in Appendix A to item A.7 of the Report of the Portfolio Holder for Commercialisation, Seafronts and Parking;

b)         authorises the seeking of statutory or other consents and agreements as may be required;

c)         authorises a contribution of £50,000 towards delivery of the proposed scheme to be funded from the Regeneration and Growth budget;.

d)         requests that the Head of Public Realm completes the design and costing of the project; and

e)         authorises the Corporate Director (Operational Services), in consultation with the Portfolio Holder for Commercialisation, Seafronts and Parking and the Portfolio Holder for Planning and Regeneration, to invite tenders, enter into contracts or commission works by the Engineering Services Team in order to complete the project within the budget and approvals.

To provide an update on community projects relating to education, health and well-being and to ask Cabinet to endorse those projects.

a)       Cabinet endorses the projects listed above as those which will continue to be delivered in 2017/18 in support of the Council’s Corporate Plan priorities; and

b)       the currently identified health and education related projects are monitored through the Council’s Performance Plan together with future projects agreed with the Portfolio Holder for Leisure and Partnerships.

There was submitted a report by the Portfolio Holder for Leisure and Partnerships (Report A.8), which provided Cabinet with an update on community projects relating to education, health and wellbeing and also requested Cabinet to endorse those projects.

Cabinet was informed that current specific projects in relation to education were formed around the following:-

o      Teacher Recruitment & Retention

·           TeachFirst

·           North Essex Teacher Training (previously Tendring Hundred Primary SCITT – School Centred Initial Teacher Training)

·           Key Worker Housing

o      IntoUniversity

o      Wellbeing Hub pilot – Great Bentley Primary School

o      Memorandum of Understandings with local universities - Anglia Ruskin and Essex University

o      School places

Cabinet was made aware that current specific projects in relation to health and well-being were formed around the following:-

o      Public Health Improvement Coordinator

o      Making Every Contact Count (MECC)

o      Breastfeeding Welcome Scheme

o      Clacton Seafront parkrun

o      livewell branding / livewell Tendring

o      Housing and Health

o      Public Health Officer’s Group (PHOG)

o      Outdoor gym, Cliff Park, Harwich

It was reported that the projects identified above would continue to form the subject of regular updates to the Leisure and Partnerships Portfolio Holder and at Member Briefing Sessions.

Cabinet was reminded that engagement in those areas was supplemented by the work of the Community Leadership and Partnerships Committee which provided overview and scrutiny of those sectors as part of its work programme.

Having considered the information submitted within the report:

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

RESOLVED that –

a)    Cabinet endorses the projects listed above as those which will continue to be delivered in 2017/18 in support of the Council’s Corporate Plan priorities; and

b)    the currently identified health and education related projects are monitored through the Council’s Performance Plan together with future projects agreed with the Portfolio Holder for Leisure and Partnerships.

To report on the Council’s treasury management activities and Prudential Indicators for 2016/17.

(a)   notes the Treasury Management performance position for 2016/17; and

(b)   approves the Prudential and Treasury Indicators for 2016/17.

There was submitted a report by the Portfolio Holder for Resources and Corporate Services (Report A.9), which reported on the Council’s treasury management activities and Prudential Indicators for 2016/17.

Cabinet was informed that borrowing and investments had been undertaken in accordance with the 2016/17 Annual Treasury Strategy that had been approved by full Council on 5 April 2016. No external borrowing had been undertaken in 2016/17 for either the General Fund or the Housing Revenue Account.

It was reported that the amount of interest earned from investments remained low because of the continuing unprecedentedly low interest rates existing throughout the year, which had been cut further in August 2016 to 0.25%.  However, due to maximising investment opportunities and cash flow advantages during the year interest returns had been in line with the budget forecast.

The treasury performance figures for the year were set out in Appendix A to the report, together with the Prudential Indicators attached as Appendix B, for Cabinet’s consideration.

Having considered the information submitted:

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

RESOLVED that Cabinet -

(a)       notes the Treasury Management performance position for 2016/17; and

(b)       approves the Prudential and Treasury Indicators for 2016/17.

To agree, in principle, the acquisition of a substantial investment property located in central Clacton-on-Sea.

That Cabinet approves, in principle, the acquisition of a substantial investment property in central Clacton-on-Sea, subject to Cabinet’s decisions to be taken later in the meeting in relation to item B.1 of the Report of the Portfolio Holder for Resources and Corporate Services.

There was submitted a report by the Portfolio Holder for Resources and Corporate Services (Report A.10), which sought Cabinet’s agreement, in principle, to the acquisition of a substantial investment property located in central Clacton-on-Sea.

Cabinet was aware that in September 2016 it had established a policy for acquisition of commercial property.

It was reported that that one suitable property had been identified but the acquisition had been abandoned because of conflicting insurance and occupancy issues. The Council had since been offered the opportunity to purchase the freehold of a substantial investment property in central Clacton-on-Sea and it was felt that the rental from that property could make a substantial contribution to addressing the Council’s financial pressures.

The location of the property concerned and the terms negotiated were set out in item B.1 of the Report of the Portfolio Holder for Resources and Corporate Services.

Having considered the information submitted and the advice of Officers contained within the report:

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

RESOLVED that Cabinet approves, in principle, the acquisition of a substantial investment property in central Clacton-on-Sea, subject to Cabinet’s decisions to be taken later in the meeting in relation to item B.1 of the Report of the Portfolio Holder for Resources and Corporate Services.

There are none on this occasion.

There were none 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 20 and 21 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 20 and 21 on the grounds that they involve the likely disclosure of exempt information as defined in the relevant paragraph(s) of Part 1 of Schedule 12A, as amended, of the Act.

To confirm and sign the exempt minute of the last meeting of the Cabinet held on Friday 16 June 2017.

It was RESOLVED that the exempt minute of the last meeting of the Cabinet, held on Friday 16 June 2017, be approved as a correct record and signed by the Chairman.