Decision Maker: Chief Executive
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision taken under the Chief Executive's
delegated Urgency Powers (Pursuant to Part 3, Appendix 5, 4.10 of
the Constitution of Ashford Borough Council)
Decision: To approve forward funding for the Chilmington Management
Organisation (CMO)
I can confirm that in line with the Constitution of ABC, the
following have been consulted on the matter of ABC approving
forward funding for the Chilmington Management Organisation,
pursuant to the legal advice received on the same and in respect of
the use of Chief Executive Powers pursuant to Part 3, Appendix 5,
4.10 of the Constitution of ABC.
1. Terry Mortimer - Solicitor to the Council and Monitoring
Officer;
2. Cllr Gerry Clarkson - Executive Leader - Ashford Borough
Council;
3. Ben Lockwood – Deputy Chief Executive/Director of Finance
and Economy and Section 151 Officer;
4. Cllr Noel Ovenden – Chairman of the Overview and Scrutiny
Committee
Further to this consultation, all have expressed their agreement
for the use of the Chief Executive Powers pursuant to Part 3,
Appendix 5, 4.10 of the Constitution of ABC which would enable the
forward funding to be in place a considerable time before the next
council meeting in March 2022.
To enable the CMO to operate the Council are looking at a forward
funding agreement with them. Although the Council has delegated
authority to arrange the terms of such an agreement, it does not
have a delegation to approve the forward funding.
The amount is £335,000 plus indexation (paid in stages, not
paid unless needed). The trigger of 125 homes has been met so the
money is due to the Council, to pass on to the CMO. The Council is
not under obligation to pass this on until it has been received
however, for the CMO to operate, they do need to prove they are not
running at a deficit and that they have a balanced budget so a
contract does need to be in place by mid-January 2022 if the CMO is
to continue operating.
To enable this to happen the Chief Executive has used her powers of
urgency to approve the forward funding. The Council can then sign
off the loan to the CMO for them to set their budget.
The Head of Finance and IT will be meeting with the CMO quarterly
and agreeing the payment that is required for the following
quarter. The Council will not be releasing the full £335,000,
only what is required on a quarterly basis. The CMO are managing
their expenditure ensuring only essential spend is made.
To approve forward funding for the Chilmington
Management Organisation (CMO)
Option 1 - To use Chief Executive's delegated
powers
Option 2 - To wait for Full Council Meeting in March 2022
Option 3 -
Contact: Tracey Kerly, Chief Executive Officer Email: tracey.kerly@ashford.gov.uk; 01233 330601 Email: tracey.kerly@ashford.gov.uk Tel: 01233 330201.
Publication date: 11/05/2022
Date of decision: 11/02/2022