Agenda and minutes

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

Apologies for absence were received from Councillors M G Bassenger and M F L Durham CC.  In accordance with notice duly given Councillor Mrs J L Fleming was attending as a substitute for Councillor Durham.

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

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

To disclose the existence and nature of any Disclosable Pecuniary Interests, Other Registrable interests and Non-Registrable Interests relating to items of business on the agenda having regard to paragraph 9 and Appendix B of the Code of Conduct for Members.

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

Councillor Mrs P A Channer disclosed that in relation to Agenda Item 22 - Savings Proposals 2023 / 24, a private and confidential item of business, should a certain element be discussed she had a non-registrable interest and would leave the Chamber.  She declared that she was a member of a charity – Crohn’s and Colitis UK and also that she had a protected characteristic.

To receive the views of members of the public, of which prior notification in writing has been received (no later than noon on the Tuesday 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 providing information in relation to financial performance over the period 1 April to 30 September 2022.  The report provided an update on a number of areas including the following:

·                  Gross Service Income and Expenditure;

·                  Top Expenditure Areas and Variance; 

·                  Top Income Areas and Variance Analysis;

·                  Salary Monitoring as at 30 September 2022;

·                  Inflationary Assumptions;

·                  Impact on the General Fund Balance;

·                  Capital Projects Monitor as at 30 September 2020 (Appendix 1)

It was noted that although the Council had emerged from the Coronavirus pandemic, a significant percentage of residents may be facing financial difficulty due to rising interest rates and the ensuing cost-of-living crisis and high inflation (driven by supply shortages in food, fuel and energy sources). 

The Director of Resources reported that the largest variance related to staffing and was due to the recent 5.5% on average national pay award.

In response to a question the Committee were advised that the Leisure Contract Working Group regularly reviewed figures from the leisure contractor.  It was noted that an update from the Working Group would be brought to a future meeting of the Committee.

RESOLVED that the forecasted 2022 / 23 financial position at the midway point of the financial year be noted.

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) Update for 2023 / 24 to 2025 / 26 attached as Appendix 1 to the report.

The MTFS set out how the Council would manage its revenue finances and supported delivery of the Council’s objectives and priorities.  A summary of budget changes were set out in table 1 to the report along with detailed information on the following areas:

·                 Growths – Budget growth items were being reported separately to this Committee and would be added to the budget and MTFS if agreed.

·                 Cost of living crisis – Forecasts had been reviewed with budget pressures in mind and table 2 to the report set out the current assumptions.

·                 Areas of uncertainty – These included Pension contributions, New Homes Bonus, Waste, staff pay, inflation, audit fees and business rates.

·                 General Fund – Table 3 to the report highlighted the effect on the budget gap following approved amendments and investment returns.  Table 4 provided a projected General Fund Balance.

RESOLVED

(i)         That the Medium-Term Financial Strategy Summary Update for 2023 / 24 to 2025 / 26 (as at 10 November 2022) at Table 1 to the report be noted;

(ii)        That the updated impact on the General Fund Balance at Table 4 to the report be noted.

Councillor Mrs M E Thompson joined the meeting during this item of business.

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

The Committee considered the report of the Director of Resources seeking Members’ review of the Fees and Charges for 2023 / 24 and set out in Appendix A to the report.  Members were also asked to consider the inflation rate to be applied to specific Fees and Charges as set out in Appendix C.

Appendix A set out the proposed fees and charges for 2023 / 24 based on policy decisions agreed by this Committee at its last meeting.  The changes were summarised in Appendix B and further comments on specific areas such as car parking were provided.  Appendix C highlighted a number of specific fees and charges to which it was suggested that the inflation rate be applied.

During the debate that ensued Officers provided the following information:

·                 During the first half of 2023 Officers would be looking at a full car park strategy which would cover a number of options including proposals for increases and would be used to inform a mid-year review of car parking.  It was agreed that it would be helpful to reconvene the Car Parking Task and Finish Working Group and the Council would be looking to involve a consultancy to support it in this piece of work. 

·                 The set Fees and Charges were based on an inflationary figure which was known at the time and as figures for the following year were not known historically the August Retail Price Index (RPI) figures were used.  In August 2022 this figure was 12.3% and this is what has been applied to the Fees and Charges in Appendix A.  It was commented that the details of this needed to be clearly shown.

·                 In respect of the pre-application process and Officer time involved, Members were advised that Officers costs in terms of the time spent providing such service were recalculated to include this.  A review was undertaken every two years and the fees adjusted following that, if required.

·                 It was requested that a policy on the Council car park was brought forward separately to the overall review in light of the usage it was currently getting.  Following the relaxation of enforcement of car parking at the Council offices during the Covid Pandemic, Members were advised that permits were now being used and enforcement reintroduced.  The Customers, Community and Casework Manager advised of a new arrangement where car parking permits could be purchased by the public and businesses.  It was requested that details of enforcement for the Council car park over the last three months be circulated to Members.

The Chairman then put the recommendation as set out in the report and this was duly agreed by assent.

RECOMMENDED

(i)               that the detailed Fees and Charges for 2023 / 24 (as set out in APPENDIX A to these Minutes), be agreed;

(ii)              that the inflation rate be applied to those Fees and Charges as detailed in APPENDIX B to these Minutes.

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

The Committee considered the report of the Director of Resources seeking Members’ review of the Capital projects that had been put forward by Officers (set out in Appendix A to the report), prior to approval of the 2023 / 24 budget and updated Medium-Term Financial Strategy (MTFS) in February 2023.

The 2023 / 24 Capital Project Bids were summarised in table 1 to the report with detailed projects sheets provided in Appendix A.  Members were reminded of the groups that each capital project had been categorised into by Officers.  It was noted that any revenue consequences of the approved capital projects would be included in the 2023 / 24 revenue budget.

Members discussed in detail the Capital Project bids submitted, and in response to questions the following information was provided by Officers:

·                 Play Equipment Prom Park Sensory – Members were advised that Section 106 (S106) monies would be used in connection with the project.  However, this was a large project as it involved replacing all play equipment and landscaping.

Councillor W Stamp referred to the lack of play equipment for Special Educational Needs in Burnham-on-Crouch and questioned whether there was opportunity to use some of the S106 monies to incorporate such play equipment into other aeras in the District.  In response the Director of Service Delivery suggested that he met with Councillor Stamp outside the meeting.  The Chairman advised that she wished to attend the meeting with Councillor Stamp and suggested that all Members should have the opportunity raise items on which S106 monies should be spent.

The Director of Service Delivery advised Members that he would report back to Members on S106 allocations and potential grants that could be applied against such play equipment.  He also suggested that Officers undertake some analysis in terms of what money was allocated per site.

·                 Prom Park – The Valley – Play Galleon - In response to comments regarding the costs related to the galleon play equipment at the Promenade Park and spreading such equipment across other areas of the District, the Director of Service Delivery explained that although it was a high cost the galleon was high profile, heavily used and if funding was not agreed the equipment would have to be removed for safety reasons.

·                 The current play equipment at Promenade and Riverside Parks was funded by a Government grant in 2004 and maintained by Officers following a strict regime.  If equipment was not fit for purpose it would be closed.

·                 Replacement Parks Vehicles – As part of the procurement of new vehicles options for purchasing including options such as hiring and green energy would be considered along with the Council’s Climate Strategy.

·                 Monies for works to the Burnham-on-Crouch Pontoon had been included in the UK Shared Prosperity Fund (SPF) bid and Officers were working to bring this forward at the earliest opportunity.

The Director of Service Delivery advised that Officers would circulate to Members a list of play sites and where there was funding available through S106s.

The Chairman put  ...  view the full minutes text for item 386.

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

The Committee considered the report of the Director of Resources seeking Member’s approval of the Rural Settlement List for the financial year 2023 / 24 (attached at Appendix A to the report) to determine and award Rural Rate Relief to eligible businesses.

The Chairman moved the recommendation set out in the report.  This was duly seconded and agreed by assent.

RESOLVED that the Rural Settlement List attached as Appendix A to the report be approved.

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

The Committee considered the report of the Director of Service Delivery presenting the Disabled Facilities Grant (DFG) Policy 2022 / 23 (the Policy) attached as Appendix 1 to the report, for adoption.  The Policy outlined the approach of the Council’s Private Sector Housing Officers in relation to the dispensation of the Better Care Fund for the purposes of delivering grants for disabled adaptations in the District.

The Council was required to provide DFGs under the Housing Grants, Construction and Regeneration Act 1996 (the Act).  DFG monies were now part of the Better Care Fund and the Policy sought to formalize the processes involved in the dispensation of the Better Care Fund in Line with the Act.

RESOLVED that the Disabled Facilities Grant Policy 2022 – 2023 (attached as Appendix 1 to the report) be adopted as Council policy.

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 a Supplementary Estimate for urgent emergency tree works.  It was noted that this had been brought to the Committee in lines with the Financial Regulations as the amount requested was over £20,000.

The report provided background information following the commission of an assessment of all trees owned and managed by the Council in 2020 which had been undertaken by Essex County Council (ECC) Place Services Arboricultural Team (PS).  Through this work the Council had identified a number of trees which require attention to reduce possible risks and although works had commenced there were insufficient financial resources to fund all the work, therefore a supplementary estimate was requested.  The report set out the estimated value of the work to be carried out and further requested that a contingency fund be agreed.  As the Council had no in-house capacity it was recommended that PS be appointed to oversee the necessary work on behalf of the Council.

In addition, a Revenue Growth request has been submitted to update the software required to record the condition of Council owned trees.  This system would be used to record the condition of trees and feed into an annual work plan, with Officers working on a five-year rolling programme of maintenance.

Members discussed the report and in response to a number of questions and comments made, were provided with the following information:

·                 Members were advised that the Council would be looking to ensure it tendering was an open process allowing local arboricultural companies to bid.

·                 Officers would review the budget and if savings could be made they would be, although this was not guaranteed.

·                 Over 265 trees had been identified as needing work with those urgent works being prioritised first and once mapped with PS this could be shared with Members.

·                 The review of the trees was separate to the work of the Council’s Tree Officer.

The Chairman put the recommendation which was duly agreed.

RESOLVED

(i)               that a Supplementary Estimate in the sum of £112k is provided to fund the urgent tree works identified, broken down into two elements (as follows):

·                  that Essex County Council Place Services are engaged to oversee all of the works on behalf of the Council at a cost of £12k (Management);

·                  that Essex County Council Place Services costs of engaging with the contractors for the tree works at a cost of £100k.

(ii)              that a further sum of £18k is provided as a contingency sum to cover unexpected costs associated in undertaking the work identified in (i) above.

To 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 approval of the Events and Concessions Strategy 2023 – 28 (the Strategy) which outlined the rationale and approach the Council would develop for annual events and concessions. 

The report provided background information regarding events held by the Council in its parks and open spaces.  The Strategy set out how the Council would deliver events and concessions, stimulate revenue income, support local businesses and encourage new tourism into the District.  It was noted that the Strategy also detailed a governance approach where Members would review and feedback on proposed annual events and concessions calendar.

Councillor R H Siddall proposed an amendment to the Strategy, that under the section ’Governance and Delivery of Events / Concessions’ that the third paragraph be amended to include the Leader of the Opposition in any discussions.  This proposal was duly seconded and agreed by the Committee.

The Commercial Manager responded to some questions and comments from Members advising:

·                 Officers would be reviewing the use of diesel and petrol engines and electronic reproduced music.

·                 The Council did engage with local residents when it had major events taking place.

·                 Terms and Conditions had been amended to ensure that events were not set up and set down outside certain hours.

In response to a comment regarding avoiding the use of ice cream trucks which produced a lot of fumes, the Chairman advised this would be noted.

The Chairman moved the recommendation with the earlier amendment agreed.  This was duly seconded.

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

For the recommendation:

Councillors Mrs P A Channer, Mrs J L Fleming, N G F Shaughnessy, R H Siddall, W Stamp, C Swain, Mrs M E Thompson and S White.

Against the recommendation:

Councillors A S Fluker and L M H Lagan.

Abstention:

There were none.

RESOLVED That the Events Strategy 2023 – 28 (attached at Appendix 1 to the report) be approved subject to the following amendment to the section ‘Governance and Delivery of Events / Concessions’:

It is anticipated that large scale events (more than 500 attendees) will be limited to no more than 10 per annum. In exceptional circumstances this could be increased if an opportunity arises within the calendar year and is agreeable to the corporate leadership team, Leader of the Council, Opposition Leader and Chair of Strategy and Resources Committee.  Large scale events could include the following: Bank Holiday markets, Maldon mud race, fireworks displays and live music events.

To consider the report of the Director of Director of Strategy, Performance and Governance, (copy enclosed) and receive a presentation from the Lead Specialist Prosperity.

The Committee considered the report of the Director of Strategy, Performance and Governance informing Members of new opportunities presented by the UK Government’s Rural England Prosperity Fund (REPF).

The report gave some background information regarding the REPF.  It was noted that the REPF prospectus had been published and confirmed that the Maldon District had been allocated £430,328 to be spent by March 2025.  The funding could be used to support capital projects for small businesses and community infrastructure.  Further details regarding phase one of the process being undertaken were set out in the report and Members were advised that phase two would involve development of an application and awards process.

Members received a presentation from the Lead Specialist: Prosperity which provided further detail regarding the REPF.

Councillor A S Fluker declared an interest in this item of business advising that as there was no public speaking at this event this had precluded him from speaking and he would leave the meeting on the understanding that he hoped a Member would ask a question on his behalf.  Councillor Fluker then left the meeting.

Councillor W Stamp read a short statement from Councillor Fluker which referred to Southminster Community Centre and Sports Pavilion which had recently been granted planning permission.  The statement requested that Officers meet with Councillor Fluker, the Ward Member, to discuss the community project, this request was duly agreed by the Director of Strategy, Performance and Governance. 

In response to questions raised, the Lead Specialist Prosperity provided Members with additional information regarding the Fund, including:

·                 The Council is looking a minimum and maximum grant levels to ensure the monies were spread evenly across the District.  It was expected that there would be strict criteria put in place.

·                 Funding would not be received until 1 April 2023 and it was understood that this could not be used in advance but could be used to cover spending completed in arrears. 

·                 Frequently Asked Questions were awaited from the Department for Environment, Food and Rural Affairs (DEFRA) and it was hoped that this information would assist Officers in completing the investment plan.  Members were advised that Officers had chased this information on a number of occasions, specifically as there was a very short deadline for the Council to submit its investment plan.

Councillor Mrs P A Channer proposed that herself (as Leader of the Council) and the Directors approach DEFRA to request the Frequently Asked Questions.  The Chairman suggested that this could be discussed outside of the meeting.

Councillor Fluker returned to the Chamber at this point and further discussion of the report continued.

Councillor K M H Lagan thanked the Lead Specialist Prosperity for the report and work she had done, commenting on the benefit the initiative would have.  He then proposed an amendment to recommendation (ii) to include the Leader of the Opposition.  This proposal was duly seconded and agreed.

The Chairman then put the amended recommendation to the Committee which was duly agreed.

RESOLVED

(i)               That Members note the opportunity  ...  view the full minutes text for item 391.

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

The Committee considered the report of the Director of Service Delivery informing Members of a successful bid to trial a fully funded collection of Soft Plastics (plastic bags and wrappings). 

The report detailed background information on the flexible plastic packaging and collection service pilot which was being undertaken with a cross section of local authorities.  The pilot was funded by the Department for Environment, Food and Rural Affairs (DEFRA), UK Research and Innovation and the Flexible Plastic Fund.  The report set out the aims of the project and advised how, following a successful bid, a trial would operate in the District, initially rolled out to approximately 25% of the District expanding in October 2023 and 2024.  It was noted that the trial would be managed by SUEZ and run for three years with a provisional start date of 30 January 2023.

In response to a comment regarding the trial taking place in the Dengie and not just the central part of the District, the Director of Service Delivery advised that he would share that information with SUEZ.

RESOLVED

(i)         That Members note Maldon District Council will be participating in the collection of Soft Plastics (plastic bags and wrappings) trial from January 2023, with further expansion of the scheme expected in October 2023;

(ii)        That Officers ensure the public are supported in the trial by making certain that clear information is made available to participants working with the Waste Resources Action Programme.

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

The Committee considered the report of the Director of Resources setting out the Council’s investment activity for the first half of 2022 / 23 in accordance with the Chartered Institute of Public Finance and Accountancy (CIPFA) Treasury Management (TM) Code.

The report provided an update on the following areas and further details were set out in the related Appendices:

·                 An overview of the external economic environment - Appendix 1 to the report had been prepared by Arlingclose who provide treasury management consultancy and advice services to the Council.

·                 Investment Activity (April 2021 – September 2022.

·                 Performance – Budgeted income and outturn.

·                 Compliance with Prudential Indicators and Treasury Management Strategy (Appendix 2).

·                 Outlook for the remainder of 2022 / 23 provided by Arlingclose.

It was noted that only one of the Prudential Indicators had been briefly breached and a prudent approach had been taken in relation to investment activity with priority being given to security and liquidity over yield.

RESOLVED that the Treasury Management report be received for compliance purposes.

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

The Committee considered the report of the Director of Resources reporting Virements, Supplementary Estimates and Procurement Exemptions agreed under delegated powers where they were below the levels requiring approval by the Committee. 

It was noted that only virements within Directorates were carried out and there were no supplementary estimates agreed during this period.

Members’ attention was drawn to the report which provided detail of two Procurement Exemptions and one draw down from reserves that had been agreed.

RESOLVED

(i)               That the Virements as detailed in paragraph 3.3.1 of the report be received;

(ii)              That the Procurement Exemptions as detailed in paragraph 3.5.1 of the report be received;

(iii)            That the drawdown from Reserves as detailed in paragraph 3.6.1 of the report be received.

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 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

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

The Committee considered the report of the Director of Service Delivery requesting Members’ approval to drawdown £53,000 from Commuted Sums for the Land Purchase Project.  It was noted that these monies were required to:

a.         conclude the necessary due diligence work needed for the Outline Planning application, and

b.         secure the sum needed to pay the planning application fee in preparation for submission of the Outline Planning Application immediately after the May election in 2023.

The report reminded Members of the Option Agreement the Council had entered into in November 2021 and detailed its mobilization in January 2022.  A project budget summary was attached as Appendix A to the report.

During the debate that ensued Members raised a number of questions regarding the project.  In response the Commercial Manager provided the Committee with further details regarding the sum requested, explaining how surveys proposed were to support the planning application. 

Councillor R H Siddall as Chairman of the Corporate Projects Working Group, informed the Committee how the Working Group had robustly discussed, questioned and challenged this project.  At this point, Councillor A S Fluker requested that the information on auctioneering, received by the Working Group be circulated to all Members of the Committee

The Chairman moved the recommendation as set out in the report and this was duly agreed.  Councillor K M H Lagan requested that his dissent be recorded.

RESOLVED that the sum of £53,000 is approved and drawn down from Commuted sums (ringfenced for affordable housing) to conclude the due diligence phase of the Land Purchase Project and to fund the fee required to submit the planning application.

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 to grant a new lease of 20 years to an organisation.

The report detailed the current lease arrangements and proposals for a new lease, including the annual cost and annual increase by means of Consumer Price Index with a maximum cap of 3%.

RESOLVED

(i)         That the Council grants a new lease to the organisation as set out in the report for a period of 20 years.

(ii)        That the Director of Service Delivery be granted delegated authority to agree the terms of the lease in consultation with the Legal Services Specialist and Chairman of the Committee.

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 an automatic right of renewal within the terms of the proposed new lease for an electricity substation at Millfields, Burnham-on-Crouch.

The report provided background information following the agreement by this Committee in July 2022 to grant a lease for a term of 99 years for an electrical substation with the terms of the lease delegated to the Director of Service Delivery.  It was reported that during negotiations of the terms a request for an automatic right to renew the lease had been received.

Some questions were raised regarding the lease and the related costs.  In response to these the Chairman proposed that this item of business be deferred until further information regarding the lease was available.  This was duly seconded and agreed.

RESOLVED that this item of business be DEFERRED until further information regarding the lease is available.

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

The Committee considered the report of the Director of Resources presenting Members with savings options for 2023 / 24 for decision.

The report detailed the three strategic projects initiated to help address the budget gap and deliver the Council’s priorities.  Following presentation of savings proposals to the Corporate Leadership Team, the Finance Working Group had considered these, and the list divided into three groups as set out in the following appendices to the report:

·                 Appendix 1 – savings which could be achieved with none to minimal impact on services to residents and internally.

·                 Appendix 2 – savings which could be achieved with little internal impact but had wider consequences and required careful consideration.

·                 Appendix 3 – savings deemed to have significant impact to service delivery or Council objectives, requiring a fundamental change to Council priorities.  It was noted that these were not recommended for approval.

The Director of Resources highlighted that some of the fees and charges in Appendix 2 had been superseded and a report would be coming forward to the next meeting of the Council specifically in relation to one of the options identified in Appendix 3.  The Council, at its next meeting, would also be considering a report from the Independent Remuneration Panel which would provide more context on Member allowances.  In response to a question the Director advised that it was proposed that a review of car parking would take place identifying all issues and following that a proposal regarding car parking would be brought forward to Members.

A number of Members spoken in relation to this report highlighting concerns they had with specific saving options and areas where they felt further information was required.

Councillor K M H Lagan proposed that this item of business be deferred due to the importance of this item of business and the implications it had.  He felt a special meeting should be arranged to discuss this item.  This proposal was duly seconded.  Members discussed the proposals and the Chairman suggested that the meeting could be adjourned.  At this point, Councillor Lagan withdrew his earlier proposal and the Chairman proposed that the meeting be adjourned to a future date to be confirmed by Officers in consultation with the Chairman to discuss this item of business.  This proposal was duly seconded and agreed.  Councillor Mrs Channer asked that it be noted she was against the proposal.

RESOLVED that this meeting of the Strategy and Resources Committee be adjourned (in private session) at 10:06pm to a future date (to be agreed in consultation with the Chairman of the Committee) to continue consideration of the report on Savings Proposals 2023 / 24.