Agenda and draft minutes

The Chairman welcomed everyone to the meeting and went through some general housekeeping arrangements for the meeting.

An apology for absence was received from Councillors R H Siddall and in accordance with notice duly given Councillor E L Stephens was attending as a substitute for Councillor Siddall.

To consider the Minutes of the Strategy and Resources Committee held on 6 January 2022 (copy enclosed).

RESOLVED that the Minutes of the Strategy and Resources Committee held on 6 January 2022 be approved and confirmed.

To disclose the existence and nature of any Disclosable Pecuniary Interests, other Pecuniary Interest or Non-Pecuniary Interests relating to items of business on the agenda having regard to paragraphs 6 – 8 of the Code of Conduct for Members.

(Members are reminded that they are also required to disclose any such interest as soon as they become aware should the need arise through the meeting.)

Councillor W Stamp disclosed a non-pecuniary interest as a Member of Essex County Council and in relation to Agenda Item 15 - Partner Update - Active Essex.

Councillor M F L Durham disclosed a non-pecuniary interest as a Member of Essex County Council.

Councillor K M H Lagan disclosed a non-pecuniary interest in relation to Agenda Item 8 - Discretionary Fees and Charges Report 2022 / 23 following conversations and correspondence from some of the stakeholders regarding this issue.

Councillor S P Nunn disclosed a non-pecuniary interest in relation to Agenda Item 8 - Discretionary Fees and Charges Report 2022 / 23 as he was acquainted with some of the individuals connected with the barge operation.  Councillor Nunn advised that he had raised the issue with the Lead Legal Specialist and Monitoring Officer because of a dispensation from last year and the Officer had advised he was satisfied that other than a non-pecuniary interest Councillor Nunn had no further interest to declare.

To receive the views of members of the public, of which prior notification in writing has been received (no later than 12 noon on the working day prior to the day of the meeting).

Should you wish to submit a question please complete the online form at:

www.maldon.gov.uk/publicparticipation.

No requests had been received.

To consider the report of the Director of Resources (copy enclosed).

The Committee considered the report of the Director of Resources reporting Virements and Supplementary Estimates agreed under delegated powers.  The report also informed on procurement exemptions granted and the use of reserves.

It was noted that there were no virements or use of Reserves, one supplementary estimate and three procurement requests agreed.  The details of these were set out in the report.

In response to a question regarding Procurement Exemptions 2 and 3, as detailed in the report, the Director of Resources explained why he had considered that they represented good value for money. 

Councillor A S Fluker proposed that the recommendations as set out in the report be agreed.  This proposal was duly seconded and agreed by assent.

RESOLVED

(i)               That the Supplementary Estimate as detailed in paragraph 3.4.1 of the report be noted;

(ii)              That the Procurement Exemptions as detailed in paragraph 3.5.1 of the report be noted.

To consider the report of the Director of Resources, (copy enclosed).

The Committee considered the report of the Director of Resources seeking Members’ approval of the:

•           Capital Strategy 2022 / 23 (attached as Appendix1 to the report);

•           Capital Project Bids (Appendix 2 to the report);

•           Investment Strategy (Appendix 3 to the report). 

•           minimum Revenue Provision (Appendix 4 to the report);

It was reported that the Capital Strategy had been prepared considering the future plans of the Council, ensuring that they were affordable and prudent.  The Annual Investment Strategy had been updated in line with statutory requirements and good practice, having regard to the Council’s financial position, wider strategies, plans and aims and the advice of the Council’s external treasury advisor.  

In response to questions raised regarding some of the Capital Project Bids detailed, the following information was provided by Officers:

·                  The purchase or leasing of vehicles by the Council was assessed on an individual case based on the type and use of the vehicle.

·                  Having reviewed all the options available in respect of replacement hot water boilers at the Blackwater Leisure Centre, the Council had chosen the most cost-effective option at this time.  Within the next three years a review of the Leisure Centre would be taking place, and this would include consideration of how the building was heated as a whole, including alternative technologies that may be available at that time.

·                  Members were advised that a report into the condition of the Burnham-on-Crouch pontoon had been commissioned and Officers would look to identify the best value option for the pontoon to ensure it remained.  A number of Members commented that the pontoon was an asset to Burnham-on-Crouch.

·                  For the proposed footpath at Promenade Park, materials to be used etc. would have been full investigated and the best estimates achieved.

Councillor W Stamp proposed that the recommendations as set out in the report be agreed.  This was duly seconded and agreed.

RECOMMENDED that the following are approved for 2022 / 23:

·                 the Capital Strategy (attached as Appendix 1 to the report);

·                 the Capital Project Bids (attached as Appendix 2),

·                 the Investment Strategy (attached as Appendix 3), and

·                 the Minimum Revenue Provision Statement (attached as Appendix 4).

To consider the report of the Director of Resources, (copy enclosed).

The Committee considered the report of the Director of Resources seeking Members’ consideration of the fees and charges for 2022 / 23 that generated greater than £2,000.  For those fees and charges that generated less than £2,000 delegation to the Director of Resources for their review and setting was sought.

The report advised that the proposed fees and charges for 2022 / 23 (set out in Appendix A to the report) had been based on policy decisions recently updated and agreed by this Committee at its last meeting.  A summary of the changes proposed was set out in Appendix B.

It was noted following the last meeting of this Committee the fees and charged now included an increase to Promenade Park Coach Parking previously reported as ‘no increase’.  Appendix C set out proposals in relation to Hythe Quay Parking on which agreement to undertaken further consultation was sought.

Councillor K M H Lagan provided the Committee with additional information regarding barge operators and charges on the Hythe Quay.  He referred to the revenue that such businesses brought into the town through running heritage assets.  Councillor Lagan proposed that recommendation (ii) be amended removing all text following “…Strategy and Resources Committee” and that the Council continued consultation with stakeholders.

Some debate ensued and in respond to comments Councillor Lagan amended his earlier proposition, proposing that recommendation (ii) be amended to read “…implementing proposed new Strategy of Fees and Charges from 1 October 2022”.  This was duly agreed by assent.

Councillor A S Fluker referred to how the barge operators were businesses, and that the Council should not be seen to treat businesses differently.  He proposed an amendment to recommendation (i) that the barge wharfage charges increase by the rate of inflation. 

Following some discussion, Councillor Fluker amended his proposal to state from April 2023 the barge wharfage charges are increased by inflation every year.  In response the Chairman advised Members that they should only be discussing increased fees for the next budget year and not those beyond.  He then reminded the Committee of the original recommendation made by Councillor Fluker, to increase the barge wharfage charges by the rate of inflation for 2022 / 23 .

Councillor Lagan proposed that recommendation (i) as set out in the report be agreed without any amendment.  This proposal was duly seconded.

It was confirmed at this point that Councillor Fluker’s proposal had been seconded.

In accordance with Procedure Rule No. 13 (3) Councillor K M H Lagan requested a recorded vote.  This was duly seconded.

In response to a question the Director of Resources clarified that if agreed, a rate of inflation increase of 3.2% would be applied as this was consistent with any other inflation related increases to the proposed fees and charges. 

At this point clarification was provided in relation to the process for dealing with the proposed amendment to recommendation (i).  The Chairman then put the proposed amendment in the name of Councillor Fluker, to increase the barge wharfage charges for  ...  view the full minutes text for item 492.

To consider the report of the Director of Resources, (copy enclosed).

The Committee considered the report of the Director of Resources presenting the revised Medium-Term Financial Strategy (MTFS) 2022 / 23 to 2024 / 25 (Appendix 1 to the report) to the Committee for recommendation to the Council.

It was noted that this MTFS built on the MTFS for 2021 / 22 to 2022 / 23 approved in February 2021 by the Council.

Appendix 2 to the report set out the specific details of budget growth items identified as being required to meet service demand and carry out Council policy.  Members were advised that these had been scrutinised by the Strategy & Resources Committee and Finance Working Group.

The significant impact on the General Fund Balance was outlined in the report, however it was noted that there was a high level of uncertainty around these figures and ongoing government support which had not been factored in.

Members thanked the Director of Resources for his report and noted the advice given in respect of the need for the Council to have a sustainable and balanced budget.  In response to a question, the Director advised he did not believe there would be further Covid specific funding and provided an update in respect of other grants and funding.

The budget gap for future years was discussed and it was suggested that the Council should undertake a review of assets, including the Council building to identify efficiencies and savings.  In response the Director of Resources advised that the Corporate Projects Working Group was looking at a number of projects at this time, some of which were commercial.  The potential options around the Council building were recognised and would be coming to Members for consideration in the future.

Members were advised that staff increases related to maintaining services and it was noted that this Committee and the Finance Working Group constantly reviewed expenditure items.

Councillor A S Fluker proposed that the recommendation as set out in the report be agreed.  This was duly seconded and agreed by assent.

RECOMMENDED that the updated Medium-Term Financial Strategy for 2022 / 23 to 2023 / 24 (as at 28 January 2021) attached as Appendix 1 to the report.

To consider the report of Director of Resources (copy enclosed).

The Committee considered the report of the Director of Resources presenting:

·        for noting, the Provisional Local Government Finance Settlement 2022 / 23 announced by the Government on 16 December 2021;

·        the revised 2021 / 22 and original 2022 / 23 General Fund Revenue Budget estimate (attached as Appendices 1, 2 and 3 to the report);

·        the proposed Council Tax increase for 2022 / 23 (attached as Appendix 1);

·        the policy for the use of Reserves (attached as Appendix 4).

The report and associated appendices to the report outlined the following:

·        the latest information on the provisional Local Government finance settlement 2022 / 23;

·        revised General Fund revenue budget estimates 2021 / 22;

·        original General Fund revenue budget estimates 2022 / 23;

·        budget growth, savings and income generation in 2021 / 22;

·        New Homes Bonus (NHB);

·        Pension Fund deficit recovery;

·        Essex Region Business Rates pool;

·        an update on interest on investments;

·        the Council Tax requirement for 2022 / 23;

·        Council Tax £5 increase on 2021 / 22 Band D Basic amount of £207.40;

·        General Fund balance and Revenue Reserves;

·        Medium Term Financial Strategy (MTFS);

·        risks to the Council’s financial position.

The Director of Resources reported that due to the unknown impact of future changes to Local Government finance, it was proposed that the Council should take the opportunity to increase its financial base by increasing the average band D Council Tax by £5, the maximum allowed for by the government before a referendum was required.

The Chairman moved the recommendations as set out in the report and these were duly agreed by assent.

RESOLVED

(i)         That the main details of the Provisional Local Government Finance Settlement 2022 / 23 as set out in section 3.4 of the report be noted;

RECOMMENDED

(ii)        that the following be approved:

(a)        the Revised 2021 / 22 and Original 2022 / 23 General Fund Revenue Budget Estimates (attached at Appendices 1 2 and 3 to the report);

(b)        an average Band D council tax of £212.40 (excluding parish precepts) (£5 increase) for 2022 / 23 (attached at Appendix 1 to the report);

(c)        policies on the designated use of financial reserves (attached at Appendix 3 to the report);

(d)        maintain the current policy of a minimum general fund balance of £2,600,000;

(iii)       that the Council gives due regard to the Director of Resources’ (Section 151 Officer) statement on the robustness of budgets and adequacy of reserves in attached at Appendix 5 to the report.

To consider the report of the Director of Resources (copy enclosed).

The Committee considered the report of the Director of Resources presenting the Treasury Management Strategy 2022 / 23 (attached as Appendix 1 to the report) for approval by the Council.  The supporting Treasury Management Practices were attached as Appendix 2 to the report.

It was noted that the Treasury Management Strategy had been updated in line with statutory requirements and good practice, having regard to the Council’s financial position, links to wider strategies, plans & aims and the advice of the Council’s external treasury advisor.

The Chairman put the recommendations as set out in the report, this was duly seconded and agreed by assent.

RECOMMENDED

(i)               That the Treasury Management Strategy 2022 / 23 be approved, along with the following amendments:

·                 The counterparty limit for Operational Banking be increased from £2m to £3m to allow for larger value transactions to be managed within the counterparty limit, as per Table 3 at Appendix 1 to the report;

·                 The sector limit for Money Market Funds be increased from £12m to £20m to allow for larger investment within this safe and flexible sector without exceeding the sector limit, as per Tables 3 and 4 at Appendix 1 to the report;

(ii)             That the Treasury Management Policy (TMP 5) amendment be noted as being brought into line with the Treasury Management Strategy as per TMP 5 at Appendix 2 to the report.

To consider the report of the Director of Service Delivery (copy enclosed).

The Committee considered the report of the Director of Service Delivery seeking approval of matters as part of the annual review of the Memorials in Cemeteries, Parks and Open Spaces Policy.  An updated Policy was attached at Appendix C to the report. 

The report highlighted some areas of the current policy where it was felt amendment / clarification was required.  Particular attention was drawn to the proposed change to memorial benches set out in the report and the Officer provided further detail in respect of this.

It was noted that the report had been updated following the Strategy and Resources Committee meeting on 6 January 2022 and consultation with local Friends Groups had been sought.  The Officer outlined the main changes, clarifying that if approved the new scheme would not apply retrospectively and only benches that had fallen into disrepair would be removed.

In response to questions raised, the following information was provided:

·                  Officers would ensure consultation with the Friends Groups continued and were looking to hold regular meetings with them.

·                  After a ten-year period or if a family did not want to continue to lease a plaque there were different options available for the plaques, these included returning the plaque to the family and displaying them in another memorial area;

·                  Recycled plastic benches would generally be used, although in certain areas the Council would be open to consultation and discussion with Friends Groups, such as places of historical interest and cemeteries.

The new scheme proposed more than one plaque on a bench, making it more affordable and accommodating more people.  Members were informed there was high demand for benches and in some areas the Council had waiting lists. 

Members were advised that Officers were looking at alternative initiatives for memorials and these would be brought to a future meeting of the Committee for consideration.

There was some discussion regarding introducing a fee structure for purchasing one plaque to stand alone on a bench, with the fee reducing down where there were multiple plaques on a bench.  The Director of Service Delivery advised that allowing one plaque on a bench would result in the same situation currently faced by the Council.

The Chairman moved the recommendations as set out in the report.  This was duly agreed.  Councillor K M H Lagan asked that his dissent be recorded.

RECOMMENDED:

(i)         That the sale of benches as an individual item available for purchase, which are then installed in our Parks and Open spaces, cease;

(ii)        That a new scheme be introduced where customers can lease a plaque on a bench for ten-year periods;

(iii)       That the updated Memorials in Cemeteries, Parks and Open Spaces Policy (attached as APPENDIX 1 to these Minutes) be agreed and implemented no later than 1 April 2022;

(iv)       That the new scheme be introduced with effect from 1 April 2022 and will not be applied retrospectively.

The Chairman announced that in accordance with Section 100b(4) of the Local Government Act 1972 he had agreed to allow the Director of Resources to raise an urgent item of business seeking Members’ approval of two policies following additional government funding received.  Members were advised that it was necessary to consider and make a decision on this item prior to the next meeting of the Committee to provide urgent support to local businesses impacted by the Covid-19 Omicron variant.

To consider the report of the Director of Resources, (copy enclosed).

The Committee considered the urgent report of the Director of Resources seeking approval of two new policies to allow the distribution of grants and rates relief to businesses following additional government funding.

Following additional resources announced in response to the Covid-19 Omicron variant funding of £145,623.74 had been awarded to the Council by the Government to provide grants to businesses.  In addition, £914,862 had been awarded to fund a discretionary business rates relief scheme.  An Additional Restrictions Grant (ARG) Policy (attached at Appendix 1 to the report) and a Covid-19 Additional Relief Fund (CARF) Policy (attached at Appendix 2) had been brought forward to allow the Council to support local businesses.  It was noted that if the CARF policy was approved this would be appended to the Council’s Discretionary Rate Relief Policy due to be considered by the Council at its next meeting.

In order to direct support towards those businesses most likely to have been impacted, the CARF policy included provision for a number of ‘special category’ businesses to be excluded.  This list was set out at Appendix 3 to the report and Appendix 4 outlined the financial impact on different business sectors.

The Chairman moved the recommendations as set out in the report and these were agreed by assent.

RESOLVED

(i)               That the Additional Restrictions Grant policy at Appendix 1 to the reportis approved and delegation is given to the Director of Resources in consultation with the Leader of the Council and Chairman of the Strategy and Resources Committee to amend the policy to respond to business need;

(ii)              That the COVID-19 Additional Relief Fund policy at Appendix 2 to the reportis approved and delegation is given to the Director of Resources in consultation with the Leader of the Council and Chairman of the Strategy and Resources Committee to amend the policy to respond to business need.

To resolve that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

RESOLVED that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1of Schedule 12A to the Act, and that this satisfies the public interest test.

To receive a presentation from Jason Fergus, Director of Active Essex and consider the report of the Director of Strategy, Performance and Governance (copy enclosed).

The Committee considered the report of the Director of Strategy, Performance and Governance seeking Members’ support for delivery of an activity in the Maldon District.  Members received a presentation from Active Essex regarding the proposed event scheduled to take place during 2022.

Members were supportive of the activity and further information was provided in response to a number of questions raised.

Councillor A S Fluker proposed that the recommendation as set out in the report be agreed.  This was duly agreed by assent.

RESOLVED that the activity planned by Active Essex be noted and the Council’s support in its delivery during 2022 be offered.

To consider the report of the Director of Service Delivery (copy enclosed).

The Committee considered the report of the Director of Service Delivery seeking Members’ agreement of a new 30-year lease.  A copy of the draft lease and lease plan were attached as Appendices to the report.

The report provided detailed background information regarding the lease site and a detailed structural survey was attached at Appendix 3.  It was noted that repairs to the building structure on the site were required and funding was being sought to assist with the costs.  However, one of the conditions of such funding was that the organisation had a sufficiently long lease to justify the expenditure and this was the reason for the request for a 30 year lease being brought to Members.

Councillor A S Fluker declared a non-pecuniary interest in this item of business.

A debate ensued.  Questions were raised in relation to the following clauses in the lease and it was agreed that the Director of Service Delivery would clarify the points raised with the Council’s legal team prior to agreeing the lease:

·                  Clause 16 (Alienation) – it questioned whether the lease should specify that any change to whom the premises was used by should be subject to the permission of the landlord;

·                  Clause 19 – It was commented that the lease should detail the current condition of the premises to ensure it was always maintained to that particular level.

The Chairman put the recommendations set out in the report to the Committee subject to the Director of Service Delivery’s clarification of the two clauses mentioned.  This was duly agreed.

RECOMMENDED

(i)               That the Director of Service Delivery seek legal clarification in relation to Clauses 16 and 19 of the lease;

(ii)              That subject to (i) above the Council agrees a new lease for 30 years for the organisation outlined in the report;

(iii)            That in consultation with the Chairman of the Strategy and Resources Committee, the Director of Service Delivery be given authority to agree the annual rent figure in line with a current market valuation with annual Retail Price Index (RPI) adjustment.