Agenda, decisions and draft minutes

Strategy and Resources Committee - Tuesday, 29th March, 2022 7.30 pm

Venue: Council Chamber - Epsom Town Hall, https://attendee.gotowebinar.com/register/7211822532760390924

Contact: Democratic Services, email:  democraticservices@epsom-ewell.gov.uk  tel: 01372 732000

Items
No. Item

52.

Question Time

To take any questions from members of the Public.

Minutes:

No questions were asked by members of the public.

53.

Declarations of Interest

Members are asked to declare the existence and nature of any Disclosable Pecuniary Interests in respect of any item of business to be considered at the meeting.

Decision:

Members of the Committee made the following declarations of interests in relation to items on the agenda:

The Wells Site

Councillor Kate Chinn, Other Interest: In the interests of openness and transparency Councillor Kate Chinn declared that she had been in communication with members of the Epsom Wells Community Association.

The Wells Site

Councillor Phil Neale, Other Interest: In the interests of openness and transparency Councillor Phil Neale declared that he had been in communication with members of the Wells action Committee 2 years ago, but that he came to the meeting with an open mind.

Tennis in the Borough

Councillor Alex Coley, Other Interest: In the interests of openness and transparency, Councillor Alex Coley declared that as the Chair of the Community and Wellbeing Committee which had referred this item to the Strategy and Resources Committee for approval he would not participate in the vote on this item.

Tennis in the Borough

Councillor Julie Morris, Other Interest: In the interests of openness and transparency, Councillor Julie Morris declared that when this matter had been considered at other Committee meetings she had not participated in the debate or voted. Councillor Morris did not participate in the debate or vote on this item.

Tennis in the Borough

Councillor Steven McCormick, Other Interest: In the interests of openness and transparency, Councillor Steven McCormick declared that as he had acted as a substitute Member at the meeting of the Community and Wellbeing Committee which had referred this item to the Strategy and Resources Committee for approval, and that he would not participate in the vote on this item.

Minutes:

Members of the Committee made the following declarations of interest in relation to items on the agenda:

The Wells Site

Councillor Kate Chinn, Other Interest: In the interests of openness and transparency Councillor Kate Chinn declared that she had been in communication with members of the Epsom Wells Community Association.

The Wells Site

Councillor Phil Neale, Other Interest: In the interests of openness and transparency Councillor Phil Neale declared that he had been in communication with members of the Wells action Committee 2 years ago, but that he came to the meeting with an open mind.

Tennis in the Borough

Councillor Alex Coley, Other Interest: In the interests of openness and transparency, Councillor Alex Coley declared that as the Chair of the Community and Wellbeing Committee which had referred this item to the Strategy and Resources Committee for approval he would not participate in the vote on this item.

Tennis in the Borough

Councillor Julie Morris, Other Interest: In the interests of openness and transparency, Councillor Julie Morris declared that when this matter had been considered at other Committee meetings she had not participated in the debate or voted. Councillor Morris did not participate in the debate or vote on this item.

Tennis in the Borough

Councillor Steven McCormick, Other Interest: In the interests of openness and transparency, Councillor Steven McCormick declared that as he had acted as a substitute Member at the meeting of the Community and Wellbeing Committee which had referred this item to the Strategy and Resources Committee for approval, and that he would not participate in the vote on this item.

54.

Minutes of Previous Meeting pdf icon PDF 215 KB

The Committee is asked to confirm as a true record the Minutes of the meeting of the Strategy and Resources Committee held on 27 January 2022 and to authorise the Chair to sign them.

Minutes:

The Minutes of the previous meeting of the Strategy and Resources Committee held on 27 January 2022 and were agreed as a true record and signed by the Chair.

55.

The Wells Site pdf icon PDF 332 KB

This report recommends the Council grants a long lease of the former Wells Community Centre site to Epsom Wells Community Association (EWCA) to support their proposals for community use of the site by this association.

Additional documents:

Decision:

Following consideration, the Committee unanimously resolved to:

(1)      Note the Business Case, “Reimagining The Wells Centre” attached at Appendix 1 to the report as provided by Epsom Wells Community Association (EWCA).

(2)      Approve the grant of a Full Repairing & Insuring lease to EWCA of up to 125 years (subject to terms and conditions as set out in Appendix 2 to the report); to enable them to operate a community use from the former Wells Community Centre site (such lease term of up to 125 years to comply with the requirements of Your Fund Surrey and / or National Lottery bid criteria).

(3)      Agree a two year rent free period from the grant of the lease and thereafter, a rental reflecting a percentage of operating profit.  The two year rent free period will provide EWCA the opportunity to secure their funding arrangements, undertake the initial works and open the Wells Centre.

(4)      In the event that the Centre becomes financially unviable after expiry of the two year rent free period or subsequently closes for a continuous period of 6 months, agree that the lease will terminate and the site will revert back to the Council.

(5)      Note that the Council and EWCA will be responsible for their own legal costs.

(6)      Authorise the Head of Property & Regeneration, in consultation with the Chief Finance Officer and Chair and Vice Chair of S&R Committee to progress the necessary legal documentation to completion.

Minutes:

The Committee received a report recommending that the Council grants a long lease of the former Wells Community Centre site to Epsom Wells Community Association (EWCA) to support their proposals for community use of the site by this association.

The following matter was considered:

a)            Thanks to EWCA. Members of the Committee expressed their thanks to the Epsom Wells Community Association for their work to produce the business case for the Wells centre, which was attached as Appendix 1 to the report.

Following consideration, the Committee unanimously resolved to:

(1)      Note the Business Case, “Reimagining The Wells Centre” attached at Appendix 1 to the report as provided by Epsom Wells Community Association (EWCA).

(2)      Approve the grant of a Full Repairing & Insuring lease to EWCA of up to 125 years (subject to terms and conditions as set out in Appendix 2 to the report); to enable them to operate a community use from the former Wells Community Centre site (such lease term of up to 125 years to comply with the requirements of Your Fund Surrey and / or National Lottery bid criteria).

(3)      Agree a two year rent free period from the grant of the lease and thereafter, a rental reflecting a percentage of operating profit.  The two year rent free period will provide EWCA the opportunity to secure their funding arrangements, undertake the initial works and open the Wells Centre.

(4)      In the event that the Centre becomes financially unviable after expiry of the two year rent free period or subsequently closes for a continuous period of 6 months, agree that the lease will terminate and the site will revert back to the Council.

(5)      Note that the Council and EWCA will be responsible for their own legal costs.

(6)      Authorise the Head of Property & Regeneration, in consultation with the Chief Finance Officer and Chair and Vice Chair of S&R Committee to progress the necessary legal documentation to completion.

56.

Procurement Strategy Update pdf icon PDF 235 KB

The Procurement Strategy sets out the Councils overall aim and objectives in relation to its procurement function in order to deliver value for money and our Future 40 vision and Four-Year Plan 2020-2024.

Additional documents:

Decision:

Following consideration, the Committee unanimously resolved to:

(1)      Approve the amendments to the Procurement Strategy subject to further minor amendments to be detailed in the Minutes of the meeting.

Minutes:

The Committee received a report requesting approval to amendments to the Procurement Strategy. The Procurement Strategy set out the Councils overall aim and objectives in relation to its procurement function in order to deliver value for money and our Future 40 vision and Four-Year Plan 2020-2024.

The following matters were considered:

a)            Publication error, page 115 of the agenda. The Committee noted that due to a publication error, the diagram on page 115 of the agenda was not included within the agenda pack. The missing diagram was the ‘golden thread’ triangle from the Council’s Vision document. This error would be corrected in the final Procurement Strategy.

b)            Actions to support the Climate Change Action Plan. Following a question from a Member, the Head of Corporate Assurance informed the Committee that the Council’s Climate Change Action Plan was supported by the Procurement Strategy and was referenced in paragraph 10.1 of the document.

c)            Wording of Strategy. The Committee considered that the wording “where applicable” should be removed from paragraph 8.3 of the Strategy. The Committee also considered that the use of the wording “where appropriate” should be reviewed throughout the Strategy and removed where it was not required.

Following consideration, the Committee unanimously resolved to:

(1)      Approve the amendments to the Procurement Strategy subject to further minor amendments to be detailed in the Minutes of the meeting.

57.

Planned Maintenance Programme 2022-23 pdf icon PDF 243 KB

The report provides an update on the approved 2021-22 planned maintenance programme and requests approval for the planned maintenance programme for the next financial year 2022-23.

Additional documents:

Decision:

Following consideration, the Committee unanimously resolved:

(1)      To note the progress and anticipated spend at the end of the current year 2021-22 as shown in Appendix 1 to the report.

(2)      To note the two projects and budgets carried over into 2021-22 planned maintenance programme.

(3)      To approve the 2022/23 planned maintenance programme at an estimated cost of £498,000 as set out in Appendix 2 to the report.

(4)      Subject to the Council’s financial and contract requirements, to delegate authority to the Head of Property and Regeneration to make changes within the 2022/23 planned maintenance programme to cover unforeseen matters (such as tender price variances) of up to, but not exceeding £20,000.

(5)      To agree to transfer the unspent budgets back to the planned maintenance reserve at the end of the financial year.

Minutes:

The Committee received a report providing an update on the approved 2021-22 planned maintenance programme and requesting approval for the planned maintenance programme for the next financial year 2022-23.

Following consideration, the Committee unanimously resolved:

(1)      To note the progress and anticipated spend at the end of the current year 2021-22 as shown in Appendix 1 to the report.

(2)      To note the two projects and budgets carried over into 2021-22 planned maintenance programme.

(3)      To approve the 2022/23 planned maintenance programme at an estimated cost of £498,000 as set out in Appendix 2 to the report.

(4)      Subject to the Council’s financial and contract requirements, to delegate authority to the Head of Property and Regeneration to make changes within the 2022/23 planned maintenance programme to cover unforeseen matters (such as tender price variances) of up to, but not exceeding £20,000.

(5)      To agree to transfer the unspent budgets back to the planned maintenance reserve at the end of the financial year.

58.

ICT Programme of Works pdf icon PDF 239 KB

This report provides details of the strategic plans for a rolling programme of ICT works in line with the Four Year Corporate Plan and the funding details for the 2022/23 financial year.

Additional documents:

Decision:

Following consideration, the Committee resolved by majority vote, with 7 votes for, 1 against and 1 abstention to:

(1)          Agree funding of £250,000 from the capital programme for the ICT programme of works for the 2022/23 financial year

Minutes:

The Committee received a report providing details of the strategic plans for a rolling programme of ICT works in line with the Four Year Corporate Plan and the funding details for the 2022/23 financial year.

The following matters were considered:

a)            Wording of ICT Roadmap. The Committee noted that the wording “where appropriate” was included within some elements of the ICT Roadmap 2020-24. Following a question from a Member, the Committee was informed by the ICT Manager that a decision on these matters would be taken by officers using the expert knowledge of external organisations and with consideration of the relevant costs.

b)            Delivery of CRM Replacement and website upgrade projects. Following a question from a Member, the ICT Manager informed the Committee that the Council’s project management toolkit was currently being reviewed, and would be used to manage these projects to ensure that they were delivered to time, cost and quality.

c)            Funding. The Committee noted that it was estimated that the four year ICT Roadmap would require a continual investment of £250,000 per year, subject to annual approval by the Committee. The Committee also noted if further funding was required a further report would be presented to the Committee for consideration.

d)            Capital expenditure. Following a question from a Member, the Head of Finance informed the Committee that it was acceptable to use capital budget funds for the implementation of software systems where the Council would receive a benefit over a number of years. The annual software licensing costs would be funded from revenue budgets.

e)            Platform for website upgrade. Following a question from a Member, the ICT Manager informed the Committee that a decision on the platform for the website upgrade had not yet been taken.

Following consideration, the Committee resolved by majority vote, with 7 votes for, 1 against and 1 abstention to:

(1)          Agree funding of £250,000 from the capital programme for the ICT programme of works for the 2022/23 financial year

59.

Tennis in the Borough pdf icon PDF 233 KB

To present a non-repayable grant funding opportunity from the Lawn Tennis Association to refurbish and upgrade all tennis courts in the borough.

To seek approval for £10,330 to be released from capital reserves to provide a 10% match funding contribution.

Decision:

Following consideration, the Committee resolved by majority vote with 6 votes for and 3 members not voting, to:

(1)      Note the details of the grant funding opportunity from the Lawn Tennis Association to refurbish and upgrade all tennis courts in the borough.

(2)      Release £10,330 from capital reserves for a 10% match funding contribution from S106 funds.

Minutes:

The Committee received a report presenting a non-repayable grant funding opportunity from the Lawn Tennis Association to refurbish and upgrade all tennis courts in the Borough. The report sought approval for £10,330 to be released from capital reserves to provide a 10% match funding contribution.

The following matters were considered:

a)            Charges for court use. The Committee noted that a schedule of charges for use of Tennis Courts would be presented to the next meeting of the Community and Wellbeing Committee for consideration.  

Following consideration, the Committee resolved by majority vote with 6 votes for and 3 members not voting, to:

(1)      Note the details of the grant funding opportunity from the Lawn Tennis Association to refurbish and upgrade all tennis courts in the borough.

(2)      Release £10,330 from capital reserves for a 10% match funding contribution from S106 funds.

60.

Constitution Working Group pdf icon PDF 229 KB

This is the first report from the Constitution Working Group to keep members informed and to propose changes for agreement by the Committee.

Additional documents:

Decision:

Following consideration, the Committee unanimously resolved to:

(1)      Note the Working Group Terms of Reference (Appendix 1 to the report) subject to the following amendment:

·                     That the composition of the Working Group be amended as follows:

That “Vice Chair of Standards and Constitution” be deleted and “1 Member of Standards and Constitution Committee” be added.

(2)      Agree to the review of both the Health Liaison Panel and Human Resources Panel Terms of Reference during the 22/23 municipal year and subsequent recommendations made to full Council for ratification (Appendix 2 to the report), subject to the following amendments:

·                     That the allocation of Membership by political group for the Human Resources Panel and Health Liaison Panel be deleted, as this will calculated annually in accordance with proportionality requirements.

·                     That the wording “Proposal for any new staff pay deal” be deleted from the Terms of Reference for the Human Resource Panel.

(3)      Agree the make-up of the Crime and Disorder sub-committee and recommend to full Council for ratification.

(4)      Agree the Member Champion profile and recommend to full Council for adoption (Appendix 3 to the report) subject to the following amendment:

·                     That section 2.3 of the Member Champion Role Description be deleted.

(5)      Note the update of the Working Group regarding the Workplan for the 22/23 Municipal year.

Minutes:

The Committee received a report from the Constitution Working Group proposing the number of members for the Crime and Disorder Sub-Committee, changes to Advisory Panel Terms of Reference, and a Member Champion Role Description for agreement.

The following matters were considered:

a)            Amendment to Terms of Reference of Human Resources Panel. Councillor Eber Kington proposed and Councillor Clive Smitheram seconded an amendment to the Terms of reference of the Human Resources Panel as follows:

That the wording “Proposal for any new staff pay deal” be deleted from the Terms of Reference for the Human Resource Panel.

Upon being put to the vote this amendment was agreed by a majority vote in favour.

b)           Composition of Constitution Working Group. Councillor Eber Kington proposed and Councillor Steven McCormick seconded an amendment to the composition of the Constitution Working Group as follows:

That the composition of the Working Group be amended as follows:

That “Vice Chair of Standards and Constitution Committee” be deleted and “1 Member of Standards and Constitution Committee” be added.

Upon being put to the vote this amendment was agreed by a majority vote in favour.

c)            Member Champions. Councillor Alex Coley proposed and Councillor Hannah Dalton seconded an amendment to the composition of the Constitution Working Group as follows:

That section 2.3 of the Member Champion Role Description in Appendix 3 to the report should be deleted to avoid ambiguity.

Upon being put to the vote this amendment was agreed by a majority vote in favour.

d)           Membership of Human Resources Panel and Health Liaison Panel.  The Committee considered that the allocation of Membership by political group for the Human Resources Panel and Health Liaison Panel detailed in Appendix 2 to the report should be deleted, as this will be calculated annually in accordance with proportionality requirements.

Following consideration, the Committee unanimously resolved to:

(1)      Note the Working Group Terms of Reference (Appendix 1 to the report) subject to the following amendment:

·                     That the composition of the Working Group be amended as follows:

That “Vice Chair of Standards and Constitution Committee” be deleted and “1 Member of Standards and Constitution Committee” be added.

(2)      Agree to the review of both the Health Liaison Panel and Human Resources Panel Terms of Reference during the 22/23 municipal year and subsequent recommendations made to full Council for ratification (Appendix 2 to the report), subject to the following amendments:

·                     That the allocation of Membership by political group for the Human Resources Panel and Health Liaison Panel be deleted, as this will be calculated annually in accordance with proportionality requirements.

·                     That the wording “Proposal for any new staff pay deal” be deleted from the Terms of Reference for the Human Resource Panel.

(3)      Agree the make-up of the Crime and Disorder sub-committee and recommend to full Council for ratification.

(4)      Agree the Member Champion profile and recommend to full Council for adoption (Appendix 3 to the report) subject to the following amendment:

·                     That section 2.3 of the Member Champion Role Description be deleted.  ...  view the full minutes text for item 60.

61.

Ewell Court House pdf icon PDF 425 KB

This report seeks approval to award the service contract (including commercial lease) for a specialist weddings and events partner to manage the venues operation of Ewell Court House.

Additional documents:

Decision:

Following consideration, the Committee unanimously resolved to:

(1)      Agree to award a 10 year service contract, with the option to extend for a further 5-years, to Bovingdons Catering Ltd on the confidential financial terms as set out in Appendix 1 to the report.

(2)      Agree to award a 10 year commercial lease (co-terminus with the above service contract), to Bovingdons Catering Ltd.

(3)      Authorise the Head of Property & Regeneration, in consultation with the Chief Finance Officer, to progress and complete the above legal documentation.

Minutes:

The Committee received a report seeking approval to award the service contract (including commercial lease) for a specialist weddings and events partner to manage the venues operation of Ewell Court House.

The following matter was considered:

a)            Climate change and sustainability. Following a question from a Member, the Committee was informed by the Head of Property and Regeneration that the service provider had produced a comprehensive policy which met the Council’s requirements for climate change and sustainability.

Following consideration, the Committee unanimously resolved to:

(1)      Agree to award a 10 year service contract, with the option to extend for a further 5-years, to Bovingdons Catering Ltd on the confidential financial terms as set out in Appendix 1 to the report.

(2)      Agree to award a 10 year commercial lease (co-terminus with the above service contract), to Bovingdons Catering Ltd.

(3)      Authorise the Head of Property & Regeneration, in consultation with the Chief Finance Officer, to progress and complete the above legal documentation.

62.

Exclusion of Press and Public pdf icon PDF 5 KB

The Committee is asked to consider whether it wishes to pass a resolution to exclude the Press and Public from the meeting in accordance with Section 100A (4) of the Local Government Act 1972 on the grounds that the business involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act (as amended) and that pursuant to paragraph 10 of Part 2 of the said Schedule 12A the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Decision:

Under Section 100(A)(4) of the Local Government Act 1972, the Committee passed a resolution to exclude the public from the meeting for Part Two of the Agenda on the grounds that the business involved the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act (as amended) and that pursuant to paragraph 10 of Part 2 of the said Schedule 12A the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

Minutes:

Under Section 100(A)(4) of the Local Government Act 1972, the Committee passed a resolution to exclude the public from the meeting for Part Two of the Agenda on the grounds that the business involved the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act (as amended) and that pursuant to paragraph 10 of Part 2 of the said Schedule 12A the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

63.

Commercial Tenant Update

This report has not been published because the meeting is likely to be closed to the press and public in view of the nature of the business to be transacted/nature of the proceedings.  The report deals with information relating to the financial or business affairs of the Committee and third parties and the public interest in maintaining the exemption currently outweighs the public interest in disclosing the information.

Additional documents:

Decision:

The decision for this item is recorded in a separate (not for publication) restricted Decision Notice.

Minutes:

The decision for this item is recorded in a separate (not for publication) restricted Minute.