Agenda and minutes

Venue: Bromley Civic Centre

Contact: Philippa Gibbs  020 8461 7638

Items
No. Item

1.

APOLOGIES FOR ABSENCE AND NOTIFICATION OF SUBSTITUTE MEMBERS

Minutes:

Apologies for absence were received from Cllr Harmer, Cllr Allatt, and Cllr Rutherford.  Cllr Terry attended as substitute for Cllr Allatt and Cllr Pierce attended as substitute for Cllr Rutherford.

 

Cllr Nicky Dykes submitted apologies for lateness.

 

2.

DECLARATIONS OF INTEREST

Minutes:

Councillor Simon Fawthrop declared an interest as an employee of British Telecom.

 

In relation to Minute 9a (Biggin Hill Airport Ltd), Councillor Benington declared that the Biggin Hill Independent Group had received funding from the Airport prior to the 2018 Local Elections but had received no funding for the election.

 

3.

QUESTIONS FROM COUNCILLORS AND MEMBERS OF THE PUBLIC ATTENDING THE MEETING

In accordance with the Council’s Constitution, questions addressed to the Chairman of the Committee relating to the work of the Committee that are not specific to reports on the agenda must have been be received in writing 10 working days before the date of the meeting. 

 

Questions specifically on reports on the agenda should be received within two working days of the normal publication date of the agenda.  Please ensure that questions specifically on reports on the agenda are received by the Democratic Services Team by 5pm on Tuesday 8th May 2019.

 

Minutes:

No questions were received.

4.

MINUTES OF THE EXECUTIVE AND RESOURCES PDS COMMITTEE MEETING HELD ON 19 MARCH 2019 (EXCLUDING EXEMPT ITEMS) pdf icon PDF 124 KB

Minutes:

Noting the reference to the Crystal Palace Park Working Group in Minute 133, a Member queried whether there was indeed a Working Group.  The Leader of the Council confirmed that there had been a Working Group for the last 6 or 7 years but at the moment it had fallen into a hiatus.  The Council however remained actively ready to engage with the Trust at any time.  The Member reported that the Executive Working Group had not met for approximately 18 months and it was suggested that the Council should have a seat on the Trust.  The Chairman suggested that it would be helpful for this issue to be taken up by the Renewal, Recreation and Housing PDS Committee or the Environment PDS Committee as Members could now request specific items on PDS Committee agendas.

 

A Member also noted that it appeared that details of Interim Staff Contracts had not been circulated.  The Chairman recalled receiving the information and it was agreed that he and the Clerk would investigate whether the information was circulated to the wider committee membership.

 

The Chairman confirmed that in relation to out of hours swipe card access to the Civic Centre; there was an access code that could be provided to Members on request.  There was also out of hours card access at the entrances opposite the old print room and by the side of the Council Chamber.

 

The minutes of the meeting held on 19th March 2019, were agreed and signed as a correct record.

 

5.

MATTERS OUTSTANDING AND WORK PROGRAMME pdf icon PDF 87 KB

Minutes:

Report CSD19064

 

The Committee considered a report setting out matters outstanding from previous meetings and the proposed work plan for 2019/20.

 

Members noted that Officers planned to provide a report on the Debt Management System in September 2019.  This item was to be added to Committee’s Work Programme.

 

The Committee noted that a update concerning the Community Toilets at the Civic Centre has been provided by Amey.

 

RESOLVED: that

 

  1. Progress on matters outstanding from previous meetings be noted; and

 

  1. The Work Programme for 2019/20 be noted.

 

6.

FORWARD PLAN OF KEY DECISIONS pdf icon PDF 79 KB

Minutes:

The Committee noted the Forward Plan of Key Decisions covering the period May 2019 to August 2019. 

 

A Member queried the scrutiny arrangements in respect of the Contract for Adult Transport Services.  The Assistant Director for Governance & Contracts reported that a ‘Transport Services’ paper, looking at delivery options for both children’s and adult’s transport services would be presented to Executive in July and would go through the Council’s usual scrutiny processes. 

 

7.

RISK MANAGEMENT pdf icon PDF 68 KB

Additional documents:

Minutes:

Report FSD19045

 

The Committee considered a report which provided Members with the most recent Risk Registers for the areas falling under the Committee’s remit.  The Chairman reported that he had asked that the Transformation Programme be added to the Risk Register. 

 

Members noted the addition of a Health and Safety risk on the Human Resources Risk Register.

 

In response to a question concerning IT system failure and what would happen if benefits did not get paid, the Director of Finance confirmed that this formed part of the Disaster Recovery Plan and work was underway to move the Academy Benefits System into a Cloud based system to provide greater resilience.

 

In response to a question concerning the Pension Fund, the Director of Finance confirmed that the actuarial valuation was due later this year and would be based on information as at 31st March 2019.  It was likely that the report would be presented to Members in January/February 2020.

 

RESOLVED: That the report be noted.

 

 

8.

QUESTIONS TO THE PORTFOLIO HOLDER FROM MEMBERS OF THE PUBLIC AND COUNCILLORS ATTENDING THE MEETING

In accordance with the Council’s Constitution, questions addressed to the Resources, Commissioning and Contracts Portfolio Holder relating to the work of the Portfolio that are not specific to reports on the agenda must have been be received in writing 10 working days before the date of the meeting. 

 

Questions specifically on reports on the agenda should be received within two working days of the normal publication date of the agenda.  Please ensure that questions specifically on reports on the agenda are received by the Democratic Services Team by 5pm on Tuesday 8th May 2019.

 

Minutes:

No questions were received.

9.

RESOURCES, COMMISSIONING AND CONTRACTS PORTFOLIO - PRE-DECISION SCRUTINY

Portfolio Holder decisions for pre-decision scrutiny.

Minutes:

The Committee considered the following report(s) where the Resources, Contracts and Commissioning Portfolio Holder was recommended to take a decision.

9a

BIGGIN HILL AIRPORT LIMITED (BHAL) - LANDLORD'S CONSENT TO NEW ERECTION OF A HANGAR pdf icon PDF 66 KB

Additional documents:

Minutes:

Report DRR19/028

 

Biggin Hill Airport Ltd (BHAL) had requested that the Council formally gave Landlords consent under the terms of their Lease to the erection of a new hangar located on land south of East Camp at Biggin Hill Airport.

 

 

Members noted the addendum report that had been circulated in advance of the meeting which set out the Council’s obligation to give consent.

 

RESOLVED: That the Portfolio Holder be recommended to grant Landlord’s consent to the new hangar.

 

10.

PRE-DECISION SCRUTINY OF EXECUTIVE REPORTS

Members of the Committee are requested to bring their copy of the agenda for the Executive meeting on 21 May 2019

Minutes:

The Committee considered the following reports on the Part 1 agenda for the meeting of the Executive on 21st May 2019:

 

(7)  Provisional Final Accounts 2018/19

  Report FSD19061

 

The Committee considered the 2018/19 provisional outturn at portfolio level and Council-wide as well as the potential implications for the Council’s financial position in 2019/20.  The 2018/19 provisional outturn provided for no variation in general fund balances, subject to the recommendations in the report being agreed.

 

The Committee noted that more detailed reports would be submitted to individual PDS Committees.  The report also considered details of the carry forward requests and a summary of the Council’s capital programme.

 

A Member raised a query regarding prior year adjustments relating to overspends in previous years.  It was agreed that the Director of Finance would provide a detailed explanation outside of the meeting.

 

In relation to the recommendations to the Executive; the Vice-Chairman suggested that for future reports it would be helpful to consolidate under one heading recommendations relating to movements in the central contingency.

 

In response to a question concerning earmarked reserves, the Director of Finance confirmed that the Council’s reserves would be lower but for the budget gap of £32m over 4 years.  Had that budget gap not existed the Council could have lowered the level of its reserves.  Reserves were used to generate income as well as to fund invest-to-save schemes including some housing schemes.

 

RESOLVED: That the Executive be recommended to:

 

(a) consider the provisional revenue and capital outturns for the 2018/19 financial year and the earmarked balances on the General Fund as at 31st March 2019;

(b)  note that a more detailed analysis of the 2018/19 final outturn will be reported for each Portfolio to the Relevant PDS committees;

(c)  consider the variations in 2018/19 impacting on the Council’s 2019/20 financial position;

(d)  consider the comments from Chief Officers as detailed in Appendix 2;

(e)  approve the requests for carry forwards totalling £906k (net) as detailed in Appendix 6, subject to the funding being allocated to the Central Contingency in 2019/20 to be drawn down on the approval of the relevant Portfolio Holder;

(f)  agree the release of £291k from the 2018/19 Central Contingency as detailed in para. 3.6.2 of the report;

(g)  note the return to contingency of £138k of additional grant to the 2018/19 Central Contingency as detailed in para 3.6.4 of the report;

(h)  agree the release of £500k from the 2018/19 Central Contingency as detailed in para. 3.6.5 of the report;

(i)  agree the release of (£2,900k) from the 2018/19 Central Contingency as detailed in para. 3.6.6 of the report;

(j)  note the return to contingency of £567k of additional grant to the 2018/19 Central Contingency as detailed in para 3.6.7 of the report;

(k)  agree the release of £873k from the 2018/19 Central Contingency as detailed in para. 3.6.8 of the report;

(k)  agree the release of £89k from the 2018/19 Central Contingency as detailed in para. 3.6.9 of the report;  ...  view the full minutes text for item 10.

11.

SCRUTINY OF THE INTERIM CHIEF EXECUTIVE

Minutes:

The Interim Chief Executive, Mr Ade Adetosoye, attended the meeting to respond to questions from the Committee. Mr Adetosoye gave a brief introduction highlighting the following issues and challenges–

 

  • Since 2010, the Council had seen a 75% reduction in the funding it received and there would be further reductions going forward.
  • The projected growth in the population coupled with increasing life expectancy meant that there would be an increase in demand for the services provided by the Council.
  • The increase in the number of statutory duties placed on the Council would need to be considered in the context of reductions in funding.
  • There would need to be a fundamental review of how services were provided and the Transformation Programme was the beginning of this fundamental review.  The Transformation Programme would be delivered over 4 years and set out the Roadmap for the changes that were required.
  • The Transformation Project had six different work streams and there were 8 key priorities within the Work Plan.  The six work streams of the Transformation Project focused on what needed to be done differently in order to address the budget gap of £32m over 4 years: Housing, Environment and Community Services, Professional Services, Adult Social, Children’s Social Care, and Work Place Modernisation.
  • There needed to be a focus on how Officers and Members could work together to shape the key priorities going forward. 
  • The delivery of the new environment contract, the delivery of the new Housing Strategy, planning decision timescales, and transforming adult social care would be key challenges for the future.
  • In terms of governance; risk management and the audit process would be important.  As part of this, through the commissioning process there would also be a review of the top 10 key contracts.
  • The Interim Chief Executive circulated the Transformation Programme Roadmap to Members of the Committee.

 

Mr Adetosoye then responded to questions, making the following comments –

 

·  A number of savings had already been delivered including £1.5m resulting from a restructure of the senior management team.  Further savings were outlined in the Housing Transformation report included with the Executive agenda for 21 May 2019.  Other savings were still being identified but the Council was only 4 or 5 months into its Transformation Programme.  Details of the savings that had already been made could be provided to Members following the meeting if required.

·  As part of the Transformation Programme there would be a need to review the staffing structures supporting the organisation.  There was a need to have the capacity to respond to issues and services would need to be aligned in a logical way where the opportunity presented.  Changes to the Council’s internal structure would need to be considered during the review of service delivery. 

  • The commitment of Bromley staff was unquestionable and the majority of staff within the Council worked in excess of their contractual hours.  Some staff within professional services such as accountants and lawyers were required to undergo regular training in order to retain their professional registration.  Any  ...  view the full minutes text for item 11.

12.

UPDATE ON THE TOTAL FACILITIES MANAGEMENT CONTRACT SINCE MARCH 2019 pdf icon PDF 100 KB

(to follow)

Minutes:

The Committee considered a report providing an update on the cleaning of Council premises as undertaken by the Council’s appointed Total Facilities Management (TFM) provider Amey.

 

Darren Nolan of Amey attended the meeting to respond to questions.  The Chairman reported  that there was a noticeable improvement, particularly in ‘front of house’ facilities.

 

In response to a question from the Chairman, the Head of Asset and Investment Management reported that Amey was now putting in a great deal of physical effort, walking the building and being visible, and this had resulted in a number of faults being picked up and dealt with at an early stage.  In addition to this the Client Management Team had also been more visible and this had resulted in more faults being addressed.

 

The Head of Asset and Investment Management reported that one area of concern that remained was the overall condition of the WC facilities.  Whilst the toilets were regularly cleaned, the age of the facilities meant that there was often damage and breakages which required regular maintenance and this could cause a problem with the perception of standards of cleanliness.  In response to a question, the Head of Asset and Investment Management reported that the cost of any additional day-to-day maintenance required to fix breakages was picked up in the fixed management fee.  The refurbishment of toilet facilities was a capital expenditure item.  There was currently a programme for the refurbishment of toilet facilities at the Civic Centre.  It was acknowledged that it may be helpful to trial different materials in order to achieve value for money.

 

In response to a question concerning inspection of the toilets adjacent to the Great Hall, Mr Nolan confirmed that a visual inspection of the toilet facilities took place however Mr Nolan gave assurances that he would ensure that details such as the mechanics of locks were also checked.

 

Members noted that the majority of faults were now identified through self-inspection.  The importance of staff and members reporting faults that they identified was stressed and the Committee noted that any faults should be reported using the following contact details:

 

·  Amey Helpdesk for task reporting – 0800 1444000 option 6

·  Amey email for task reporting etc. – TFM.bromley.co.uk

 

Due to the improved service the Chairman suggested that the Committee could now revert back to the bi-annual updates from Amey.  Members noted that the Committee would be considering a full performance report later in the year.

 

The Chairman thanked Mr Nolan and the Head of Asset and Investment Management for attending the meeting and updating Members.

 

13.

REFERRALS FROM THE CONTRACTS & COMMISSIONING SUB-COMMITTEE 2018/19 pdf icon PDF 118 KB

Additional documents:

Minutes:

(a)  MINUTES OF THE CONTRACTS AND COMMISSIONING SUB-COMMITTEE MEETING HELD ON 2ND APRIL 2019

 

The Minutes of the Contracts and Commissioning Sub-Committee held on 2nd April 2019 were noted.

 

The Assistant Director of Governance & Contracts agreed to double check that Members had been granted read only access to the Contracts Database and to arrange training for Members where necessary.

 

Councillor Stephen Wells, Chairman of the Contracts and Commissioning Sub-Committee reported that a document setting out access to the database had been omitted from the minutes in error.  It was agreed that the document should be circulated to all members.

 

(b)  VOLUNTARY SECTOR CONTRACTS

 

Mr Colin Maclean, Chief Executive, Community Links Bromley, attended the meeting following a recommendation that had been made by the Contracts and Commissioning Sub-Committee at its last meeting on 2nd April 2019.  The Committee were provided with an overview of the report that had been included within the agenda papers.

 

The Committee also noted that the Assistant Director for Governance & Contracts had provided a background paper that had been circulated to the Committee prior to the meeting. 

 

The Chairman noted that whilst the voluntary sector had experienced some issues with the move to payment in arrears and performance bonds, the transitional arrangement that had been put in place had worked well.  During discussion Members noted that where appropriate the Council’s Contract Procedure Rules allowed significant flexibility to directly engage voluntary Sector Providers for the delivery of services. 

 

The Committee noted that the ‘Bromley Well’ contract sat within the remit of the Adult Care and Health PDS Committee. 

 

The Chairman thanked Mr Maclean for attending the meeting and updating the Committee.

 

 

 

14.

CONTRACTS REGISTER AND CONTRACTS DATABASE UPDATE pdf icon PDF 154 KB

Additional documents:

Minutes:

Report CEO18009

 

The Committee considered a report which presented an extract from March 2019’s Contract Register for detailed scrutiny by the PDS Committee.  The Contracts Register contained in ‘Part 2’ of the agenda included a commentary on each contract.

 

In response to a question concerning the Exchequer Services Contract, the Director of Finance confirmed that a number of questions of clarification had been received which could impact on the overall timetable.  The contract involved joint procurement with LB Bexley and decisions had to be made by both Councils at the same time.  It was anticipated that a report for Members would be presented in July 2019, as the start date for the new contract was April 2020 this still gave plenty of time and therefore the contract was not flagged for attention on the Contracts Database.

 

The Director of Finance confirmed, in response to a question, that at its meeting in March 2019, the Executive had agreed the contract in respect of insurance policies and the new contracts had started in May 2019.

 

A Member highlighted the importance of ensuring that smaller local businesses were able to bid for some of the Council’s contracts.  The Assistant Director of Governance & Contracts confirmed that it was a requirement of the Council’s Contract Procedure Rules to encourage small business engagement in the tender process with consideration given to divide opportunities into ‘Lots’; and such considerations should be addressed through Gateway Reviews presented to Members.

 

It was proposed and agreed that the Chairman of the Bromley Federation of Small Businesses should attend the Committee’s meeting in September 2019.  The Chairman suggested that it would also be beneficial for the Committee to have other business representatives to ensure that Members received a range of views.

 

A Member stressed the importance of ensuring that there was one Committee responsible for the strategic approach to scrutiny of the commissioning process.

 

RESOLVED: That the report be noted and that an item be added to the Committee’s Work Programme for September 2019 inviting the Chairman of the Bromley Federation of Small Businesses to update the Committee.

 

15.

LOCAL GOVERNMENT ACT 1972 AS AMENDED BY THE LOCAL GOVERNMENT (ACCESS TO INFORMATION) (VARIATION) ORDER 2006, AND THE FREEDOM OF INFORMATION ACT 2000

The Chairman to move that the Press and public be excluded during consideration of the items of business listed below as it is likely in view of the nature of the business to be transacted or the nature of the proceedings that if members of the Press and public were present there would be disclosure to them of exempt information.

Minutes:

RESOLVED that the Press and public be excluded during consideration of the items of business referred to below as it is likely in view of the nature of the business to be transacted or the nature of the proceedings that if members of the Press and public were present there would be disclosure to them of exempt information.

 

The following summaries

refer to matters involving exempt information

 

 

16.

EXEMPT MINUTES OF THE MEETING HELD ON 19 MARCH 2019

Minutes:

The Part 2 (exempt) minutes of the meeting held on 19th March 2019 were agreed, and signed as a correct record.

17.

PART 2 REFERRALS FROM THE CONTRACTS & COMMISSIONING SUB-COMMITTEE 2018/19

·  Exempt Minutes from the Contracts and Commissioning Sub-Committee on 2nd April 2019

Minutes:

The Part 2 (exempt) Minutes of the Contracts and Commissioning Sub-Committee held on 2nd April 2019 were noted.

 

Original Text: