| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| CB 13/014 |
Declarations of interest. |
Councillors Mrs Anderson and Mrs Murray declared Other Significant Interests in the proposed concessionary charges for Tonbridge Castle Chamber as Trustees of the Tonbridge and Malling Citizens Advice Bureau. Councillor N Heslop also declared an Other Significant Interest in this matter as a Board member of the Bridge Trust and they all withdrew from the meeting during its consideration during which time Councillor Coffin took the Chair. |
| MATTERS FOR RECOMMENDATION TO THE COUNCIL | ||
| CB 13/015 |
Treasury Management Strategy Statement and Annual Investment Strategy for 2013/14 |
The report of the Director of Finance and Transformation provided details of investments undertaken and returns achieved in the first nine months of the current financial year. Members were invited to consider amending the current non-UK AAA sovereign requirements and to confirm the current split of investment responsibilities for in-house and externally managed funds. The report highlighted the key issues for the forthcoming year and concluded with a recommendation to adopt the Treasury Management Strategy Statement and Annual Investment Strategy for 2013/14. It was noted that the Audit Committee had reviewed the matters covered by the report at its meeting on 28 January 2013 and the revised arrangements had been commended for adoption. RECOMMENDED: That (1) the treasury management position as at 28 December 2012 be noted; (2) a non-UK sovereign credit requirement of Fitch AA- or equivalent be adopted; (3) recognition of the minimum sovereign credit requirement be amended to that expressed by all three credit rating agencies (Fitch, Moody's and Standard & Poor's); (4) the current split of investment responsibilities requiring all core funds to be managed exclusively by the Council's external fund manager be maintained; (5) a 10% exposure limit to each enhanced cash or similar AAA rated fund be adopted (no more than 20% exposure to such funds at any one time) and; (6) the Treasury Management Strategy Statement and Annual Investment Strategy for 2013/14, as set out at Annex 4 to the report, be adopted. *Referred to Council |
| CB 13/016 |
Setting the Budget 2013/14 |
The joint report of the Chief Executive and Director of Finance and Transformation updated the Cabinet on issues relating to the setting of the Budget for 2013/14 together with the outcome of the examination of the draft Revenue Estimates and the Capital Plan review process undertaken by the Finance and Property Advisory Board and the Overview and Scrutiny Committee. It was noted that the Revenue Estimates as presented had been endorsed subject to the further deferral of the transitional increase in Members' allowances recommended by the Joint Independent Remuneration Panel. A more detailed supplementary report prepared in liaison with the Leader and Cabinet Member for Finance was circulated in advance of the meeting. This examined the situation in relation to the Medium Term Financial Strategy (MTFS) and gave details of the necessary procedure to be followed in order to set the budget for 2013/14. The report explained the components of the funding allocation in the final local government settlement confirmed by the Secretary of State for Communities and Local Government on 4 February 2013. Details were given of the outcome of representations made by the Council on the funding allocation in respect of the council tax support scheme and on concerns about the business rates retention scheme. The Director of Finance and Transformation updated the position arising from the Government's offer of a council tax 'freeze' grant for 2013/14 and the criteria for council tax referendums. Members were advised that the summary total for the 2013/14 estimates would be affected by the Council's decision on whether or not to accept the 'freeze' grant. The report illustrated the position for both scenarios, incorporating recently received details of Internal Drainage Board levies and reflecting the establishment changes reported to the General Purposes Committee on 4 February 2013. Attention was drawn to a summary of the recommendations from Advisory Boards regarding the levels of fees and charges to be implemented from 1 April 2013 which had been incorporated in the draft estimates. Members were reminded of the approach to preparation of the Capital Plan including recommendations that expenditure on improvements to existing car parks with an average annual spend of £30,000 be budgeted for outside the Capital Plan review process and the annual allowance be reduced to £320,000. An updated summary of the Capital Plan was set out at Annex 7 to the report including the proposed transfer of schemes from List B. The report then described the remaining procedures to be followed in setting the budget for 2013/14 and calculating the council tax. Consideration was given to the updated MTFS based on a council tax increase of 1.9% (the upper limit for referendum purposes) and a council tax freeze. The Cabinet also deliberated on the most appropriate guidance to offer the Council as to the way forward for Tonbridge and Malling in updating the MTFS for the next ten year period and setting the council tax for 2013/14. Finally the Director of Finance and Transformation explained the basis on which the statement as to the robustness of the estimates and adequacy of the reserves had been made. Members of the Cabinet recorded their thanks to the Director of Finance and Transformation and colleagues for all their work in bringing forward the budget in the current challenging circumstances. RECOMMENDED: That (1) the fees and charges set out in Annex 2 to the report, as recommended by the appropriate Advisory Boards, be endorsed (see Decision Nos D130006CAB to D130013CAB) ; (2) the Capital Plan be updated as set out in paragraph 1.5.11 to the report as follows and adopted accordingly: (i) expenditure on improvements to existing car parks be treated as recurring expenditure and the annual capital allowance from 2013/14 be set at £320,000; (ii) the position of the existing Capital Plan (List A) as summarised in Annex 3 to the report be approved; (iii) the schemes as detailed in Annex 4 to the report be added to List C, deleted from List C or merged; (iv) the selection of those schemes listed in Annex 5 to the report for evaluation over the coming year be approved, including one scheme for fast track evaluation that has already been evaluated; (v) the transfer of the following schemes to the Capital Plan (List A): Tonbridge Cemetery Memorial Garden Vaults Tonbridge Pool Car Park Improvements/Extension (vi) the updated Capital Plan (List A) as summarised in Annex 7 to the report be approved; (3) the draft Capital Strategy as presented to the Finance and Property Advisory Board on 9 January and the Overview and Scrutiny Committee on 29 January 2013 be endorsed and adopted by the Council; (4) the prudential indicators listed in paragraphs 1.6.5 and 1.6.9 of the report be adopted; (5) for the financial year 2013/14 the Council's Minimum Revenue Provision be endorsed as nil, as set out at paragraph 1.6.13 of the report; (6) the adjustments to the draft revenue estimates as set out at paragraph 1.3.2 of the report be endorsed; (7) the updates to the Medium Term Financial Strategy, as set out at Annexes 11a and 11b to the report, based on a council tax increase of 1.9% and council tax freeze respectively be noted; (8) the Key Objectives of the Medium Term Financial Strategy be updated as set out at paragraph 1.8.5 of the report; (9) in recognition of the overriding objective to protect the Council's services for as long as possible, the Council be recommended to approve a council tax increase of 1.9% as the best way forward in updating the Medium Term Financial Strategy for the next ten-year period and setting the council tax for 2013/14; and (10) the Statement provided by the Director of Finance and Transformation as to the Robustness of the Estimates and the Adequacy of the Reserves be noted and endorsed. *Referred to Council |
| CB 13/017 |
Setting the Council Tax 2013/14 |
The joint report of the Chief Executive, Director of Finance and Transformation, Leader of the Council and Cabinet Member for Finance set out the requirements under the Local Government Finance Act 1992 for a billing authority to set an amount of council tax for each category of dwelling in its area. Members were advised that of the major precepting authorities only the Kent Police Authority had determined its precept for 2013/14 and Kent County Council and the Kent and Medway Fire and Rescue Authority had yet to determine their respective precepts. Consideration was given to a draft resolution identifying the processes to be undertaken in arriving at the levels of council tax applicable to each part of the Borough. Reference was made to the debate that needed to take place regarding the relative merits of a freeze in council tax as opposed to an increase. Accordingly, the resolution and information regarding the precepts of the other authorities would be reported to the full Council on 14 February 2013. RECOMMENDED: That the resolution be noted and the Council be recommended to approve a 1.9% increase in council tax for 2013/14. *Referred to Council |
| CB 13/018 |
Leisure Facilities Review of Management Options |
Consideration was given to the report of the Management Team which updated the position on some of the key issues within the recommendations made by the Leisure and Arts Advisory Board at its meeting on 10 December 2012 regarding the establishment of a new Not for Profit Distributing Organisation (NPDO) for operation of the Council's leisure facilities. Particular reference was made to the need for a new NPDO to obtain admitted body status to the Local Government Pension Scheme to protect the pension rights of any staff transferring to the new organisation. The Director of Finance and Transformation reported that the KCC Superannuation Fund Committee (SFC) had given approval for the Council to stand as guarantor to the NPDO in its application subject to a final decision by the SFC should an admission application be forthcoming. Arrangements were also noted for appointing expert advice for the future, including the continued support of RPT Consulting. RECOMMENDED: That (1) a new Not for Profit Distributing Organisation be established to operate Larkfield Leisure Centre, Angel Centre, Tonbridge Swimming Pool and Poult Wood Golf Centre in the future; (2) a formal TUPE staff consultation be progressed with staff in liaison with UNISON representatives; (3) a detailed Project Plan and Timescale be submitted to the next meeting of the Leisure and Arts Advisory Board; and (4) the estimated consultancy costs of £75,000 be made from the 'Invest to Save Earmarked Reserve'. *Referred to Council |
| CB 13/019 |
Anti-Fraud and Corruption Policy Item OS 13/009 referred from Overview and Scrutiny Committee minutes of 29th January, 2013 |
The Cabinet was requested to endorse the Anti-Fraud and Corruption Policy following review by the Audit Committee on 28 January and the Overview and Scrutiny Committee on 29 January 2013. Reference was made to a number of major changes taking place in local government including the establishment of Single Fraud Investigation Service (SFIS). It was anticipated that new legislation in respect of the powers of local government investigators would required significant changes to the Anti-Fraud Policy in due course. RECOMMENDED: That the Anti-Fraud and Corruption Policy be adopted. *Referred to Council |
| CB 13/020 |
Housing and Council Tax Benefits Anti-Fraud Policy Item OS 13/008 referred from Overview and Scrutiny Committee minutes of 29th January, 2013 |
Consideration was given to endorsement of the revised Housing and Council Tax Benefits Anti-Fraud Policy following review by the Audit Committee on 28 January and the Overview and Scrutiny Committee on 29 January 2013. It was noted that the Policy had been updated to reflect recent changes introduced by the Department for Work and Pensions and revised regulations regarding sanctions. RECOMMENDED: That the updated Housing and Council Tax Benefits Anti-Fraud Policy, including the revised Prosecution Policy, be adopted. *Referred to Council |
| CB 13/021 |
Proposed Changes to the Kent Joint Municipal Waste Management Strategy Item OS 13/005 referred from Overview and Scrutiny Committee minutes of 29th January, 2013 |
Members were requested to endorse the Kent Joint Municipal Waste Management Strategy following review by the Overview and Scrutiny Committee on 29 January 2013 and previously by the Local Environmental Management Advisory Board on 27 November 2012. RECOMMENDED: That the amended Kent Joint Municipal Waste Management Strategy be adopted. *Referred to Council |
| CB 13/022 |
Food and Safety Team Service Plan 2012-2016 Item OS 13/006 referred from Overview and Scrutiny Committee minutes of 29th January, 2013 |
Consideration was given to endorsement of the Food and Safety Team Service Plan following review by the Overview and Scrutiny Committee on 29 January 2013 and previously by the Local Environmental Management Advisory Board on 27 November 2012. RECOMMENDED: That the revised Food and Safety Team Service Plan 2012-2016 be adopted. *Referred to Council |
| DECISIONS TAKEN IN ACCORDANCE WITH PARAGRAPH 4, PART 3 OF THE CONSTITUTION | ||
| CB 13/023 |
Review of Environmental Health Services Fees and Charges Item LEM 12/041 referred from Local Environmental Management Advisory Board minutes of 27th November, 2012 Decision Notice D130007CAB |
|
| CB 13/024 |
Leisure Services - Review of Charges 2013/14 Item LAA 12/050 referred from Leisure and Arts Advisory Board minutes of 10th December, 2012 Decision Notice D130008CAB |
|
| CB 13/025 |
Leisure Services Business Unit - Review of Charges Item LAA 12/051 referred from Leisure and Arts Advisory Board minutes of 10th December, 2012 Decision Notice D130009CAB |
|
| CB 13/026 |
Review of Fees for Street Naming and Numbering Services Item FP 13/008 referred from Finance and Property Advisory Board minutes of 9th January, 2013 Decision Notice D130010CAB |
|
| CB 13/027 |
Review of Fees and Charges 2013/14 Item FP 13/009 referred from Finance and Property Advisory Board minutes of 9th January, 2013 Decision Notice D130011CAB |
|
| CB 13/028 |
Review of Fees and Charges 2013/14 - Licensing Fees Item FP 13/010 referred from Finance and Property Advisory Board minutes of 9th January, 2013 Decision Notice D130012CAB |
|
| CB 13/029 |
Building Regulation Fees Item FP 13/011 referred from Finance and Property Advisory Board minutes of 9th January, 2013 Decision Notice D130013CAB |
|
| CB 13/030 |
The Reform of Adult Social Care and Support - Show Us You Care Campaign Decision Notice D130014CAB |
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| MATTERS FOR CONSIDERATION IN PRIVATE | ||
| CB 13/031 |
Exclusion of Press and Public |
The Chairman moved, it was seconded and RESOLVED: That as public discussion would disclose exempt information, the following matters be considered in private. |
| PART 2 - PRIVATE | ||
| MATTERS FOR RECOMMENDATION TO THE COUNCIL | ||
| CB 13/032 |
Tonbridge Town Centre (Reason: LGA 1972 Sch 12A Para 3 - Financial or business affairs of any particular person) Item FP 13/023 referred from Finance and Property Advisory Board minutes of 30th January, 2013 |
Consideration was given to the recommendations of the Finance and Property Advisory Board at its extraordinary meeting on 30 January 2013 in respect of bringing forward redevelopment proposals for Tonbridge Town Centre. A supplementary report by the Management Team updating the position was circulated at the meeting. Thanks were recorded to members of the Management Team for their work in progressing this matter. RECOMMENDED: That the proposed action set out at paragraph 1.9 of the report of the Management Team be approved. *Referred to Council |