Agenda, decisions and minutes

The Leader of Council made a short address to remind everyone present that the meeting would be broadcast live to the internet, and would be capable of repeated viewing, which could infringe their human and data protection rights.

In the absence of the Deputy Leader, who had tended her apologies for the meeting, the Leader of Council requested nominations for the role of Vice-Chairman.

Resolved:

(1)        That Councillor J Philip be elected Vice-Chairman for the duration of the meeting.

(Director of Governance) To declare interests in any item on this agenda.

(a)      Pursuant to the Council’s Member Code of Conduct, Councillor G Mohindra declared an interest in agenda item 7, Overview and Scrutiny, by virtue of being the Chairman of Governors at Epping Forest College which was mentioned in the Chairman’s regular report to Cabinet. The Councillor had determined that his interest was non-pecuniary and would remain in the meeting for the consideration of the issue.

(b)      Pursuant to the Council’s Code of Officer Conduct, R Wilson declared an interest in agenda item 8, Review of Housing Allocations Scheme, by virtue of his son and daughter being on the housing register in band ‘C’. The Officer had determined that his interest was non-pecuniary and would remain in the meeting for the consideration of the issue.

To confirm the minutes of the last meeting of the Cabinet held on 7 December 2018 (previously circulated).

Click here for Cabinet minutes 7 December 2017

(1)        That the minutes of the meeting of the Cabinet, held on 7 December 2017, be taken as read and signed by the Leader as a correct record.

Decision:

(1)        That the minutes of the meeting of the Cabinet, held on 7 December 2017, be taken as read and signed by the Leader as a correct record.

There were no verbal reports made by Members of the Cabinet on current issues affecting their areas of responsibility.

(Director of Governance) To receive any questions submitted by members of the public and any requests to address the Cabinet.

(a)        Public Questions

To answer questions asked by members of the public after notice in accordance with the provisions contained within Part 4 of the Constitution (Council Rules, rule Q3 refers) on any matter in relation to which the Cabinet has powers or duties or which affects the District.

(b)       Requests to Address the Cabinet

Any member of the public or a representative of another organisation may address the Cabinet on any agenda item (except those dealt with in private session as exempt or confidential business) due to be considered at the meeting, in accordance with the provisions contained within Article 7 of the Constitution (The Executive, paragraphs 27 & 28 refers).

The Cabinet noted that no public questions or requests to address the Cabinet had been received for consideration at the meeting.

(a)        To consider any matters of concern to the Cabinet arising from the Council’s Overview and Scrutiny function; and

(b)        To consider any matters that the Cabinet would like the Overview and Scrutiny Committee to examine as part of its work programme.

The Chairman of the Overview & Scrutiny Committee reported that the following items of business had been considered at its meeting held on 9 January 2018:

(a)        a presentation from Transport for London concerning their operation of bus services within the District, followed by questions from Members;

(b)        a review of the progress made with the Key Action Plan during Quarter 2 of 2017/18;

(c)        preparation for the visit of the Principal of Epping Forest College at the Committee’s next meeting on 27 February 2018; and

(d)        a request for the East of England Ambulance Service to attend the Committee’s meeting in April 2018 and for Essex County Council to attend the Committee’s meeting in June 2018.

The Cabinet’s agenda was reviewed but there were no specific issues identified on any of the items being considered.

The Chairman also informed the Cabinet that a request had been received from the Portfolio Holder for Technology & Support Services for the Council’s Overview & Scrutiny function to investigate the work being undertaken on the Digital Innovation Zone and other broadband activities by other partners within the District.

Cllr Murray highlighted two issues within the report by the Chairman of the Overview and Scrutiny Committee:

(i)         the current uncertainty surrounding the future use of Luctons Field by Epping Forest College with the possibility that a further green space would be removed from public use; and

(ii)        the threat to the number 20 bus service terminating early on its current route.

The Cabinet welcomed Cllr Murray’s interest in these issues, and requested the Chairman to proceed with the request from the Portfolio Holder for Technology & Support Services.

(Housing Portfolio Holder) To consider the attached report (C-039-2017/18).

(1)        That the recommendations of the Communities Select Committee be accepted, as per Appendix A of the report;

(2)        That one change to the draft Scheme be agreed in response to comments made by Nazeing Parish Council following the outcome of the consultation exercise with the Tenants and Leaseholders Panel, local residents, partner agencies, Parish and Town Councils and Housing Association partners, as set out at Appendix B of the report;

(3)        That the four changes made to the Housing Allocations Scheme (subsequent to consideration by the Communities Select Committee) be agreed in accordance with the advice received from the external legal advisor, as set out at Appendix C of the report;  

(4)        That under the penalties for refusals of offers of accommodation (Paragraph 18.9 of the Scheme refers) the numbers of offers within any period before any penalty was applied be increased from three to four for existing tenants of the Council who were under-occupying accommodation and wished to move to smaller Council accommodation with their application being deferred for a period of twelve months; and 

(5)        That the Communities Select Committee be requested to review the Housing Allocations Scheme again after 3 years of operation.

The Chairman of the Communities Select Committee presented the report from the Select Committee on the review of the Housing Allocations Scheme.

The Chairman reported that, at its meeting on 5 September 2017, the Select Committee considered a report on the review of the Housing Allocations Scheme, which came into force on 27 July 2015.

The Select Committee was asked to give detailed consideration to the revised Scheme having regard to the initial informal views of Cabinet Members, which it did, and a copy of the draft amended Scheme was now submitted to the Cabinet for consideration. There were four main changes recommended by the Select Committee:

(i)         That the Residency Criteria be increased, with any new applicant who had lived in the District for less than seven continuous years immediately prior to their date of registration, not qualifying for inclusion on the Council’s Housing Register. 

(ii)        That any applicant who, in the view of the Director of Communities, had deliberately disposed of assets by means of wilful deprivation within the previous 6 years would be non-qualifying under the financial criteria.

            (iii)       That the period of ineligibility for any person found to be guilty of      serious unacceptable behaviour as set out under the Scheme be increased             from 3 to 7 years.

            (iv)       That any home seeker who refused two offers of suitable     accommodation for which they had expressed an interest within any period   should have their application deferred for a period of 2 years, or any tenant of        the Council who was under-occupying and wanted to move to smaller Council          accommodation, who refused three offers of suitable accommodation for    which they had expressed an interest within any period, should have their        application deferred for a period of twelve months.

The Chairman requested that the Select Committee’s recommendations be accepted and the Council’s revised Housing Allocations Scheme be adopted with a target date of 1 July 2018. 

The Leader of the Council thanked the Select Committee for their report and advised that the draft revised Scheme was consulted upon, as well as external legal advice sought. The responses to the consultation were detailed within the report, and a further change to the Scheme was proposed in order to clarify that Council properties  built in rural areas under Section 106 Legal Agreements would be re-let under locality provisions rather than the residency rules. Four further changes had been made following the receipt of advice from the external legal advisor, which the Cabinet was also requested to agree. The Cabinet was further asked to consider reducing the level of penalties to be applied to Council tenants who were downsizing to smaller Council accommodation. Finally, the Select Committee was requested to undertake a further review of the Scheme after it had been in operation for a period of three years.

Cllr J H Whitehouse felt that the Council should take issues such as family support into account when considering the suitability of accommodation for homeless applicants, and that it  ...  view the full minutes text for item 105.

(Leader of Council) To consider the attached report (C-040-2017/18).

(1)        That the progress of Projects and Programmes within the Transformation Programme for November 2017 be noted, alongside the planned actions for December 2017.

The Leader of Council presented a report outlining the progress made by the Transformation Programme during November 2017, and the planned actions for December 2017.

The Leader reminded the Cabinet that regular monitoring reports on the progress of the Transformation Programme were considered at each meeting. This was the monitoring report for November 2017 and covered the progress made for all chartered projects of Medium and High Risk Potential, as well as key aspects of the Transformation Programme. The Cabinet noted that, overall, progress indicators for ‘cost’ and ‘benefits’ were Green for this period. The status indicator for ‘time’ was reported as Amber to highlight that 1 action (from a total of 88) was overdue on its deadline, when compared with planned timelines. Project and Programme Managers had actions in place to deal with any potential negative effects. Progress would be kept under review and it was anticipated that the status of these items would return to Green in the next report.

The Leader also highlighted that the substantial progress made by the Customer Services Programme, but would report in more detail on this at the Council meeting on 22 February 2018.

Cllr Murray (Loughton Roding) stated that residents in Loughton were very unhappy with the Council, over issues such as the building of dwellings on Jessel Green and the impact of the Epping Forest Retail Park on the retail units in Loughton Broadway. However, the Leader countered that residents all across the District were very satisfied with the services provided by the Council.

Decision:

(1)        That the progress of Projects and Programmes within the Transformation Programme for November 2017 be noted, alongside the planned actions for December 2017.

Reasons for Decision:

To inform the Cabinet of the progress with the Transformation Programme, including work streams, programmes and projects.

Other Options Considered and Rejected:

No other options were available as failure to monitor and review progress of the Transformation Programme and to consider corrective action where necessary, could have negative implications for the Council’s reputation, and might mean that opportunities for improvement were lost.

(Safer, Greener & Transport Portfolio Holder) To consider the attached report (C-041-2017/18).

(1)        That £215,000 per annum budget provision be made in the District Development Fund (DDF) for 3 years, to fund the following provision, for a pilot period of three years from April 2018 to March 2021:

            (a)        the employment of three full-time Police Officers by Essex Police,    including a Sergeant and two Police Constables, to be tasked and directed by   the Council;

            (b)        the commissioning of Parkguard security company to undertake       targeted patrolling and youth engagement work; and

            (c)        the delivery of additional, targeted sessions at Crucial Crew and      Reality Roadshow;

(2)        That a Service Level Agreement (SLA) be drawn up with Essex Police to set out the detailed requirements and arrangements relating to decision 1(a) above, in line with the Heads of Terms for the SLA set out in the report;

(3)        That the cost of £215,000 per annum be funded by increasing the Council Tax by £3.69 (2.5%) per annum for a band ‘D’ property; and

(4)        That regular monitoring reports be submitted to the Communities Select Committee every six months by the Community Safety Team throughout the life of this initiative.

The Portfolio Holder for Safer, Greener & Transport presented a report on the options and implications of the Council directly funding the employment of Police Officers within the Epping Forest District.

The Portfolio Holder reminded the Cabinet that, at its meeting on 7 December 2017, it had considered a report on the proposal for the Council to fund the employment of additional Police Officers, employed by Essex Police, but tasked by the Council’s Community Safety Team. This would be to supplement Essex Police’s existing District Community Policing Team in light of the high number of burglaries, crimes and anti-social behaviour in the District.

The Portfolio Holder advised the Cabinet that a recommendation from this report was that Officers would further investigate the implications of the Council funding additional Police Officers. The work undertaken to collate this information included an initial meeting with the Police District Commander and desk research, followed by a telephone conference with Nottinghamshire Council and a meeting with the management of Lakeside Shopping Centre in Essex, both of which employ additional Police Officers within their areas.

The Portfolio Holder stated the District Commander was very clear that Essex Police saw the proposal as a really positive initiative and that the abstraction of Officers would only happen in extreme cases and for very high priority incidents in Essex. He also confirmed that any staff sickness and Police training of the Council-funded Police Officers would be covered by a credit to the Council. The Lakeside Shopping Centre in Thurrock had been operating a direct Policing service for over five years with Essex Police and the arrangement had worked very well. There had only been a small number of abstractions over the period of their Service Level Agreement.

The Portfolio Holder reported that the costs of employing dedicated Police Officers, along with the commissioning of Parkguard Security Company to undertake targeted patrolling and youth engagement work, for a pilot period of three years would be £215,000 per annum. It was requested to make provision for this from the District Development Fund, and increase the District Council Tax to pay for it equating to an increase of £3.69 (2.5%) for a Band ‘D’ property. A Service Level Agreement with Essex Police would be drawn up to set out the detailed requirements for the employment of the three Police Officers.

Cllr Breare-Hall (Environment) felt this was a good proposal, although it was  acknowledged that it was unfortunate for the Council to have to fund this. Cllr Breare-Hall also requested some form of monitoring to ensure that Essex Police did not remove the current regular Police resources within the District. Cllr H Kane (Leisure & Community Wellbeing) supported the use of Parkguard Security Company, but enquired whether there were any savings that could be made to fund these initiatives. Cllr Mohindra (Finance) stated that possible savings were investigated but none could be identified, therefore it was right to increase the District Council Tax precept for this, although this was only expected to be a three  ...  view the full minutes text for item 107.

(Housing Portfolio Holder) To consider the attached report (C-042-2017/18).

(1)        That further consideration be given to reducing the amount of low-demand sheltered housing in the Council’s ownership and developing the resultant vacant land or buildings to provide either general needs housing, temporary homelessness accommodation and/or more appropriate accommodation for older people in order to help meet the housing needs of local people registered on the Housing Register in the future;

(2)        That the “Sheltered Housing Standard”, attached at Appendix 1 of the report, be adopted - with an objective of all sheltered housing schemes retained in the long term meeting the Standard over a reasonable period of time;

(3)        That a further report be submitted to a future meeting of the Communities Select Committee with:

            (a)        recommendations about which sheltered housing schemes should be             decommissioned over a period of time and their site(s) redeveloped;

            (b)        an initial proposed approach to decanting the existing residents;

            (c)        a Communication Strategy for the Project;

            (d)        initial redevelopment proposals for each of the identified sites;

            (e)        indicative budget costs; and

            (f)         an Equalities Analysis; 

(4)        That the following criteria be used for the assessment of sheltered housing schemes considered most suitable for redevelopment:

            (a)        the number of bedsits;

            (b)        the lettability, demand and location of the scheme;

            (c)        the long term costs of improvements/repairs;

            (d)        the amount of sheltered housing within the locality;  

            (e)        the number of lettings to local residents compared to applicants on the

            Supplementary Waiting List; and          

            (f)         the demand for general needs housing in the locality; and

(5)        That a further report from the Select Committee be submitted to the Cabinet with its recommendations, after it had considered the further report in decision (3) above from Officers.

The Chairman of the Communities Select Committee presented the Select Committee’s initial scoping report on the rationalisation of the Council’s sheltered housing assets.

The Chairman reported that, at its meeting held on 16 January 2018, the Select Committee considered an initial scoping report from the Director of Communities on a proposal that consideration should be given to reducing the amount of low-demand sheltered housing in the Council’s ownership and developing the resultant vacant land or buildings. In recent years, there had been a sharp decline in the popularity of sheltered housing, with older people tending to prefer to remain in their own homes for much longer, until they needed to move directly into independent living, residential or nursing accommodation – which had resulted in many vacancies in sheltered housing becoming difficult-to-let. At the same time, the Council had increasing numbers of local people registered on its Housing Register in need of general needs housing.

The Select Committee was therefore proposing that the Council reduced the amount of low-demand sheltered housing, through decanting the existing residents at some sheltered housing schemes to other suitable accommodation and then developing the resultant vacant land or buildings, and that an appropriate number of schemes be identified by Officers for potential redevelopment in the medium to long term, having regard to the criteria proposed in their report. The Select Committee was also proposing the adoption of a “Sheltered Housing Standard” that the remaining sheltered schemes should meet, to provide decent accommodation that was fit for future purposes.

The Chairman stated that the Select Committee intended to report to a further meeting of the Cabinet on: which sheltered housing schemes they felt should be decommissioned and their site(s) redeveloped; an initial proposed approach to decanting the existing residents; a Communication Strategy; any initial redevelopment proposals; and indicative budget costs.

Cllr Breare-Hall (Environment) felt that the proposals from the Select Committee were pragmatic and would support them, but enquired as to what was a reasonable length of time in recommendation 2. The Director of Communities stated that it was difficult to set a definitive period of time, but it was likely to be four-to-five years at least due to the works required for the larger assets. This was an initial scoping report which raised the concepts of rationalisation, and future reports would contain more details.

In response to further questions from the Members present, the Director of Communities acknowledged that any decanting of existing sheltered housing residents was a difficult issue and this had also been recognised in the report. It would need time and careful planning, and this issue had not been looked at in detail yet. The use of the current sites would be included in the future report, but there was a significant need for affordable housing within the District. The Chairman of the Select Committee agreed that the process would take time and it would not be rushed. No one chose to be in sheltered housing but the Council would look  ...  view the full minutes text for item 108.

(Technology & Support Services Portfolio Holder) To consider the attached report (C-043-2017/18).

(1)        That the Pay Policy Statement for 2018/19, attached at Appendix 1 of the report, be recommended to the Council for approval.

In the absence of the Portfolio Holder for Technology & Support Services, who had tended his apologies for the meeting, the Portfolio Holder for Planning & Governance presented a report on the Pay Policy Statement for 2018/19.

The Portfolio Holder reported that Section 38(1) of the Localism Act 2011 required the Council to produce a Pay Policy Statement for each financial year setting out details of its remuneration policy. Specifically it should include the Council’s approach to its highest and lowest paid employees. The Statement drew on the Review of Fair Pay in the Public Sector (Will Hutton 2011) and concerns over low pay.

Decision:

(1)        That the Pay Policy Statement for 2018/19, attached at Appendix 1 of the report, be recommended to the Council for approval.

Reasons for Decision:

To enable the Cabinet to comment on the Council’s Pay Policy Statement before it was approved by the Council.

Other Options Considered and Rejected:

To amend the content of the Statement prior to its approval by the Council.

(Planning & Governance Portfolio Holder) To consider the attached report (C-044-2017/18).

(1)        That, as attached at Appendix 1 of the report, the draft Calendar of Council Meetings for 2018/19 be recommended to the Council for adoption.

The Portfolio Holder for Planning & Governance presented a report on the Calendar of Council Meetings for 2018/19.

The Portfolio Holder reminded the Cabinet that it considered the Council’s Calendar of Meetings each year prior to its final approval by the Council. The Calendar had developed over time to meet the changing needs of the authority and, where possible, meetings of a Committee had been standardised on a particular night of the week for consistency. There were no radical changes proposed for the Calendar at this stage, although the dates of some meetings had been adjusted to allow for bank holidays, religious festivals and pre-booked Member training sessions. The Constitution Working Group was currently reviewing how the Council delivered its planning service and there was the possibility of some changes to the current structure.

The Portfolio Holder reminded the Cabinet that the Local Plan was currently at the Regulation 19 stage, and it would impact upon the Council when it was finally approved. A full review was being undertaken by the Constitution Working Group and changes could be implemented during the municipal year. Cllr Murray commented that any changes should not happen during the middle of a municipal year; however, the Portfolio Holder reiterated that Members might have to adapt to a new way of working and/or the Planning Committees themselves might have to change, e.g. the District Development Management Committee might have to meet more regularly than it does currently.

Cllr Mohindra enquired as to whether the number of meetings that the Council webcasted could be increased, and include the Select Committees in particular. The Portfolio Holder reminded the Cabinet that the Council was committed to webcast as many of its meetings as possible, and the list of meetings regularly webcast was kept under review. Cllr Brookes highlighted that the proposed Calendar for December 2018 currently contained meetings of the Overview & Scrutiny Committee, Area Planning Sub-Committee South and the Council all in the week before Christmas. The Portfolio Holder sympathised but highlighted that the day which Christmas fell on changed each year and there was a need to keep the Council running right up until the Christmas break.

Decision:

(1)        That, as attached at Appendix 1 of the report, the draft Calendar of Council Meetings for 2018/19 be recommended to the Council for adoption.

Reasons for Decision:

To review the proposed Calendar of Meetings for 2018/19, prior to its final adoption by the Council.

Other Options Considered and Rejected:

To vary the individual frequencies of meetings although, in practice, additional meetings were added as and when issues dictated. Similarly, meetings could be cancelled if there was a lack of business.

(Finance Portoflio Holder) To consider the attached report (C-045-2017/18).

(1)        That the following be recommended to the Council for approval:

            (a)        Treasury Management Strategy Statement 2018/19;

            (b)        Minimum Revenue Provision (MRP) Strategy;

            (c)        Treasury Management Prudential Indicators for 2018/19 to 2020/21;

            (d)        The rate of interest to be applied to any inter-fund balances; and

            (e)        Treasury Management Policy Statement.

The Finance Portfolio Holder presented a report on the Treasury Management Strategy Statement for 2018/19.

The Portfolio Holder stated that the Council was required to approve the Treasury Management Strategy and Prudential Indicators and a statement on the Minimum Revenue Provision (MRP) before the start of each financial year. The Strategies would also be scrutinised by the Audit and Governance Committee on 5 February 2018 and an update would be provided to Council on 22 February 2018 to cover any suggestions or proposed amendments.

Decision:

(1)        That the following be recommended to the Council for approval:

            (a)        Treasury Management Strategy Statement 2018/19;

            (b)        Minimum Revenue Provision (MRP) Strategy;

            (c)        Treasury Management Prudential Indicators for 2018/19 to 2020/21;

            (d)        The rate of interest to be applied to any inter-fund balances; and

            (e)        Treasury Management Policy Statement.

Reasons for Decision:

To ensure that the Council complied with the Chartered Institute of Public Finance & Accountancy (CIPFA) Code of Practice on Treasury Management.

Other Options Considered and Rejected:

To request additional information regarding the Treasury Management Strategy Statement or determine that additional indicators were required.

Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs 6 and 24 of the Council Procedure Rules contained in the Constitution requires that the permission of the Chairman be obtained, after prior notice to the Chief Executive, before urgent business not specified in the agenda (including a supplementary agenda of which the statutory period of notice has been given) may be transacted.

In accordance with Operational Standing Order 6 (non-executive bodies), any item raised by a non-member shall require the support of a member of the Committee concerned and the Chairman of that Committee.  Two weeks' notice of non-urgent items is required.

(1)        That, as agreed by the Leader of Council and in accordance with Section 100B(4) of the Local Government Act 1972, the following items of urgent business be considered following the publication of the agenda:

            (a)        Waste Contract Recycling Income;

            (b)        Asset Management & Economic Development Cabinet Committee –            11 January 2018; and

            (c)        Finance & Performance Management Cabinet Committee – 18        January 2018.

Decision:

(1)        That, as agreed by the Leader of Council and in accordance with Section 100B(4) of the Local Government Act 1972, the following items of urgent business be considered following the publication of the agenda:

            (a)        Waste Contract Recycling Income;

            (b)        Asset Management & Economic Development Cabinet Committee –            11 January 2018; and

            (c)        Finance & Performance Management Cabinet Committee – 18        January 2018.

(Finance Portfolio Holder) To consider the attached minutes from the meeting of the Finance & Performance Management Cabinet Committee, held on 18 January 2018, and any recommendations therein.

Risk Management – Corporate Risk Register

(1)        That the Vulnerability, Controls and Management Actions for Risk 1, Local Plan, be updated;

(2)        That the Effectiveness of Controls/Actions for Risk 2, Strategic Sites, be updated;

(3)        That the revised Key Date for Risk 4, Finance Income, be updated;

(4)        That the Vulnerability for Risk 7, Business Continuity, be updated;

(5)        That the revised Key Date for Risk 9, Safeguarding, be updated;

(6)        That a new risk, Transformation Programme, be agreed as Risk 11 with the Vulnerability, Triggers and Consequence along with supporting controls as set out, and a score of B1 (High Likelihood/Major Impact); and

(7)        That the amended Corporate Risk Register be approved.

Detailed Directorate Budgets 2018/19

(8)        That the detailed Directorate budget for the Office of the Chief Executive be approved;

(9)        That the detailed Directorate budget for Communities be approved;

(10)      That the detailed Directorate budget for Governance be approved;

(11)      That the detailed Directorate budget for Neighbourhoods be approved;

(12)      That the detailed Directorate budget for Resources be approved; and

(13)      That the detailed budget for the Housing Revenue Account (HRA) be approved; and

Council Budgets 2018/19

(14)      That the following guidelines for the Council’s General Fund Budgets in 2018/19 be recommended to the Council for adoption:

            (a)        the revised revenue estimates for 2017/18, and the anticipated        increase in the General Fund balance by £0.76million;

            (b)        a decrease in the target for the 2018/19 Continuing Services Budget             (CSB) from £12.92million to £11.71million (including growth items);

            (c)        an increase in the target for the 2018/19 District Development Fund             (DDF) net spend from £0.93milion to £3.87milion;

            (d)        no change in the District Council Tax for a Band ‘D’ property to retain          the charge at £148.77;

            (e)        the estimated increase in General Fund balances in 2018/19 of             £1.10million;

(f)         the five year capital programme 2017/18 – 21/22;

(g)        the Medium Term Financial Strategy 2017/18 – 21/22; and

(h)        the Council’s policy on General Fund Revenue Balances to remain that they be allowed to fall no lower than 25% of the Net Budget Requirement.

(15)      That the Housing Revenue Account (HRA) budget for 2018/19, including the revised revenue estimates for 2017/18, be recommended to the Council for approval;

(16)      That the rent reductions proposed for 2018/19, with an average overall fall of 1%, be noted;

(17)      That the Chief Financial Officer’s report to the Council on the robustness of the estimates for the purposes of the Council’s 2018/19 budgets and the adequacy of the reserves be noted; and

(18)      That the Director of Resources be authorised to make minor amendments and corrections to the figures above.

The Finance Portfolio Holder presented the minutes from the meeting of the Finance & Performance Management Cabinet Committee, held on 18 January 2018.

The Cabinet Committee had made recommendations to the Cabinet concerning: the approval of a revised and update Corporate Risk Register; the detailed Directorate Budgets for 2018/19; and the Council Budgets for 2018/19. There were no other issues considered by the Cabinet Committee.

Decision:

Risk Management – Corporate Risk Register

(1)        That the Vulnerability, Controls and Management Actions for Risk 1, Local Plan, be updated;

(2)        That the Effectiveness of Controls/Actions for Risk 2, Strategic Sites, be updated;

(3)        That the revised Key Date for Risk 4, Finance Income, be updated;

(4)        That the Vulnerability for Risk 7, Business Continuity, be updated;

(5)        That the revised Key Date for Risk 9, Safeguarding, be updated;

(6)        That a new risk, Transformation Programme, be agreed as Risk 11 with the Vulnerability, Triggers and Consequence along with supporting controls as set out, and a score of B1 (High Likelihood/Major Impact); and

(7)        That the amended Corporate Risk Register be approved.

Detailed Directorate Budgets 2018/19

(8)        That the detailed Directorate budget for the Office of the Chief Executive be approved;

(9)        That the detailed Directorate budget for Communities be approved;

(10)      That the detailed Directorate budget for Governance be approved;

(11)      That the detailed Directorate budget for Neighbourhoods be approved;

(12)      That the detailed Directorate budget for Resources be approved; and

(13)      That the detailed budget for the Housing Revenue Account (HRA) be approved; and

Council Budgets 2018/19

(14)      That the following guidelines for the Council’s General Fund Budgets in 2018/19 be recommended to the Council for adoption:

            (a)        the revised revenue estimates for 2017/18, and the anticipated        increase in the General Fund balance by £0.76million;

            (b)        a decrease in the target for the 2018/19 Continuing Services Budget             (CSB) from £12.92million to £11.71million (including growth items);

            (c)        an increase in the target for the 2018/19 District Development Fund             (DDF) net spend from £0.93milion to £3.87milion;

            (d)        no change in the District Council Tax for a Band ‘D’ property to retain          the charge at £148.77;

            (e)        the estimated increase in General Fund balances in 2018/19 of             £1.10million;

(f)         the five year capital programme 2017/18 – 21/22;

(g)        the Medium Term Financial Strategy 2017/18 – 21/22; and

(h)        the Council’s policy on General Fund Revenue Balances to remain that they be allowed to fall no lower than 25% of the Net Budget Requirement.

(15)      That the Housing Revenue Account (HRA) budget for 2018/19, including the revised revenue estimates for 2017/18, be recommended to the Council for approval;

(16)      That the rent reductions proposed for 2018/19, with an average overall fall of 1%, be noted;

(17)      That the Chief Financial Officer’s report to the Council on the robustness of the estimates for the purposes of the Council’s 2018/19 budgets and the adequacy of the reserves be noted; and

(18)      That the Director of Resources be authorised to make minor amendments and corrections to the figures above.  ...  view the full minutes text for item 113.

(Director of Finance) To consider the attached report (C-046-2017/18).

(1)        That the following guidelines for the Council’s General Fund Budget in 2018/19 be recommended to the Council for adoption:

            (a)        the revised revenue estimates for 2017/18, which were anticipated to             increase the General Fund balance by £0.53million;

(b)        a decrease in the target for the 2018/19 Continuing Services Budget (CSB) from £12.92million to £11.91million (including growth items);

(c)        an increase in the target for the 2018/19 District Development Fund (DDF) net spend from £0.93milion to £3.91million;

(d)        an increase of 2.48% in the District Council Tax for a Band ‘D’ property to raise the charge from £148.77 to £152.46;

(e)        the estimated increase in General Fund balances in 2018/19 of £0.99million;

            (f)         the five year Capital Programme for the period 2017/18 – 21/22;

(g)        the Medium Term Financial Strategy for the period 2017/18 – 21/22; and

(h)        the Council’s policy on General Fund Revenue Balances to remain that they be allowed to fall no lower than 25% of the Net Budget Requirement;

(2)        That the Housing Revenue Account (HRA) budget for 2018/19, including the revised revenue estimates for 2017/18, be recommended to the Council for approval;

(3)        That the Council be requested to note that the rent reductions proposed for 2018/19 would give an average overall fall of 1%; and

(4)        That the Chief Financial Officer’s report to the Council on the robustness of the estimates for the purposes of the Council’s 2018/19 budgets and the adequacy of the reserves be noted.

The Finance Portfolio Holder presented a report on the Council Budgets for 2018/19.

The Portfolio Holder set out the detailed recommendations for the Council’s budget for 2018/19. It was intended to add £990,000 to the reserves and the Council’s policy on the level of reserves could be maintained throughout the period of the Medium Term Financial Strategy (MTFS). However, the Strategy indicated that it would be necessary to use reserves to support the provision of services with contributions of £387,000 in 2020/21 and £557,000 in 2021/22. The budget was based on the assumptions that the Council Tax would increase by 2.48% and that average Housing Revenue Account rents will decrease by 1% in 2018/19.

The Portfolio Holder highlighted the Chief Financial Officer’s report to the Council on the robustness of the estimates for the purposes of the Council’s 2018/19 budgets and the adequacy of the reserves within the budget report. It stated that the estimates as presented were sufficiently robust for the purposes of the Council’s overall budget for 2018/19. In addition, the Council’s reserves were adequate to cope with the financial risks facing the Council in 2018/19, but further savings would be needed in subsequent years to bring the budget back into balance in the medium term. However, there were particular concerns about the delivery of the savings from Transformation, the introduction of a new system of “Fair Funding” and the difficulties in estimating income from the retention of business rates.

The Portfolio Holder added that an opportunity had arisen to progress some of the staff changes under the People Strategy more quickly than originally anticipated to speed up the transformation process. Therefore, it was proposed to bring forward £300,000 of District Development Funding from 2018/19 to 2017/18, and this would necessitate an amendment to recommendation 1(c) in the report to read “an increase in the target for the 2018/19 District Development Fund (DDF) net spend from £0.93milion to £3.91million;“.

The Portfolio Holder acknowledged that this would be the first proposed rise in the District Council Tax precept for many years, however it would be ring-fenced to fund the additional security measures planned for the District, and the Portfolio Holder expected this rise to be reversed in three years time when the proposed agreement with Essex Police expired. The Director of Resources and his Accountancy team were thanked for their efforts in preparing the budget, which the Cabinet were urged to recommend to the Council for approval.

The Portfolio Holder for Assets & Economic Development informed the Cabinet that the Council would accrue benefits from the developments at St Johns Road in Epping, Pyrles Lane in Loughton and other miscellaneous schemes as detailed in the minutes of the recent meeting of the Asset Management & Economic Development Cabinet Committee.

Cllr Murray reiterated that he could not support the proposed rise in the District Council Tax precept. The standard of living for many residents was falling and they were facing real financial difficulties; the District Council should not be directly  ...  view the full minutes text for item 114.

(Assets & Economic Development Portfolio Holder) To consider the attached minutes from the meeting of the Asset Management & Economic Development Cabinet Committee, held on 11 January 2018, and any recommendations therein.

(1)        That the minutes of the meeting of the Asset Management & Economic Development Cabinet Committee, held on 11 January 2018, be noted.

The Portfolio Holder for Assets & Economic Development presented the minutes from the meeting of the Asset Management & Economic Development Cabinet Committee, held on  January 2018.

There had been no recommendations made to the Cabinet to consider, and other issues considered by the Cabinet Committee included: a progress report from the Economic Development Team; and a progress report on Asset Management Development Projects.

Decision:

(1)        That the minutes of the meeting of the Asset Management & Economic Development Cabinet Committee, held on 11 January 2018, be noted.

Reasons for Decision:

The Cabinet was satisfied that the Cabinet Committee had fully addressed all of the relevant issues.

Other Options Considered and Rejected:

The Cabinet was content that the Cabinet Committee had considered all of the relevant options and that there were no further options to consider.

Exclusion

To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Background Papers

Article 17 of the Constitution (Access to Information) define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information and in respect of executive reports, the advice of any political advisor.

The Council will make available for public inspection one copy of each of the documents on the list of background papers for four years after the date of the meeting. Inspection of background papers can be arranged by contacting either the Responsible Officer or the Democratic Services Officer for the particular item.

(1)        That, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the items of business set out below as they would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12(A) of the Act indicated, and the exemption was considered to outweigh the potential public interest in disclosing the information:

Decision:

(1)        That, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the items of business set out below as they would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12(A) of the Act indicated, and the exemption was considered to outweigh the potential public interest in disclosing the information:

(Environment Portfolio Holder) To consider the attached restricted report (C-047-2017/18).

(1)        That the inclusion of a contingency sum, as set out within the report, be included in the 2018/19 Budget in the event that Biffa were successful in their claim regqarding the Recycling Income Unit Rate;

(2)        That, as part of the negotiation with Biffa, mitigation of the potential costs to the Council be sought by Officers and expert external advice be sought if required in support of this outcome;

(3)        That the fundamental changes to the importation of waste recyclable materials announced by the Chinese Government be kept under close review; and

(4)        That an item be included in the Council’s Corporate Risk Register to reflect the potential impact on the Council of its Waste Management Contract with Biffa Municipal.

The Environment Portfolio Holder presented a report on the Recycling Income from the Waste Management Contract.

The Portfolio Holder reminded the Cabinet that, since 3 November 2014, the Council had a contract with Biffa Municipal Limited, which covered domestic waste and recycling collection and street cleansing services. The contract was subject to an indexation mechanism which covered the majority of activities and also contained a further specific provision for an increase in the contract price in line with a formula for recyclable materials which reflected changes in the prices for commodities. The Portfolio Holder advised that the Council and Biffa had yet to reach agreement on the financial outcome of the arrangement for this year. By virtue of the pending decision on the Council’s budget on 22 February 2018, it was felt to be prudent to seek a provisional contingency sum to be included in the Budget for 2018/19.  In addition, the Cabinet was also advised of a letter received from Biffa regarding changes to the importation of waste to China, which again could present a financial risk to the Council.

In response to questions from the Members present, the Portfolio Holder stated that the contingency sum was based on advice received from Biffa, and it was not anticipated that a further supplementary estimate would be required. In relation to the changes for the importation of waste to China, it was not possible to quantify the financial aspects at the current time as it was not clear what the future measures would be, but the Portfolio Holder would liaise with other local authorities.

Decision:

(1)        That the inclusion of a contingency sum, as set out within the report, be included in the 2018/19 Budget in the event that Biffa were successful in their claim regarding the Recycling Income Unit Rate;

(2)        That, as part of the negotiation with Biffa, mitigation of the potential costs to the Council be sought by Officers and expert external advice be sought if required in support of this outcome;

(3)        That the fundamental changes to the importation of waste recyclable materials announced by the Chinese Government be kept under close review; and

(4)        That an item be included in the Council’s Corporate Risk Register to reflect the potential impact on the Council of its Waste Management Contract with Biffa Municipal.

Reasons for Decision:

As a result of the current failure to agree the financial implications of the recycling income unit rate for November 2017, it was prudent to make a contingency allowance within the budget for 2018/19, at the same time as other bids were being made. This would avoid having to seek supplementary funding at a subsequent Council meeting, immediately after the budget had been set.

Other Options Considered and Rejected:

The Recycling Income Unit Rate arrangements were contained within the Contract with Biffa Municipal, and whilst there might be a disagreement on their application for 2017, there was no other option but to seek a resolution.