Issue details

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.