Agenda and minutes

Apologies were received from Councillor Tony Owen.  Councillor Jonathan Andrews attended as substitute.

The Committee noted that Councillors Owen, Hitchins and Colin Smith had joined the meeting virtually.

Several Members declared that they had received modest hospitality from Biggin Hill Airport Limited, it was noted that the value of the hospitality received was below the threshold required for declaration.

Councillor Melanie Stevens declared that she sat on the Biggin Hill Consultative Committee.

Councillor Simon Fawthrop declared that he was a Member of the Free Speech Union.

In accordance with the Council’s Constitution, questions that are not specific to reports on the agenda must have been 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 27 January 2022.

Seven questions were received and these are attached at Appendix A.

The minutes of the Executive, Resources and Contracts PDS Committee meeting held on 16 January 2023 (excluding exempt information), were agreed and signed as a correct record.

Report CSD23021

The report dealt with the Committee’s business management including matters outstanding from previous meetings and the proposed work plan for the remainder of the year.

Looking forward to the 2023/24 Work Programme, the Committee noted that an update on Commissioning and Procurement would be presented to Members along with any proposed changes to Contract Procedure Rules arising from secondary legislation associated with the Procurement Bill.

RESOLVED: That the report be noted.

The Committee noted the Forward Plan of Key Decisions covering the period January 2023 to April 2023.

Portfolio Holder decisions for pre-decision scrutiny.

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

Report FSD23014

The report summarised treasury management activity during the third quarter of 2022/23.  Investments as at 31st December 2022 totalled £388.7m (£442.9m at 31^st December 2021) and there was no outstanding external borrowing. The report also included the Treasury Management Strategy and the Annual Investment Strategy for 2023/24, which were required by the CIPFA Code of Practice for Treasury Management in the Public Services to be approved by the Council. The report also included prudential indicators and the MRP (Minimum Revenue Provision) Policy Statement, both of which required the approval of Council. For clarification, the Council was required by statute to agree and publish prudential indicators, primarily to confirm that the Council’s capital expenditure plans were affordable and sustainable. The report ensured that the Council was implementing best practice and complying with the requirements of the CIPFA Code of Practice for Treasury Management.

In response to a question the Director of Finance explained that the key issues for credit ratings were around risk and reward.  The aim of the changes proposed in the report were to provide more options for investment, although there was risk and Members had to be comfortable with any risks.  The Director of Finance confirmed that the aim was to keep investments until redemption dates.

Noting that now was not the time for any Council to be taking more risks, Councillor Adams, on behalf of the Labour Group, proposed the following amended recommendations:

2.1. The Resources, Commissioning and Contracts Management Portfolio Holder is requested to: 

(a) note the Treasury Management performance for the third quarter of 2022/23. 

(b) recommend that Council agrees to adopt the Treasury Management Statement and the Annual Investment Strategy for 2023/24 including: 

(i)  the Prudential Indicators for the period 2023/24 to 2025/26 

(ii)  the Minimum Revenue Provision (MRP) policy statement 

(iii)  revised minimum credit-ratings for Housing Associations (A-) and Corporate Bonds (A-) 

2.2. Council is requested to: 

1. (a)  note the Treasury Management performance report for the third quarter of 2022/23 
2. (b)  agree to adopt the Treasury Management Statement and the Annual Investment Strategy for 2023/24 including: 

(i)  the Prudential Indicators for the period 2023/24 to 2025/26 

(ii)  the Minimum Revenue Provision (MRP) policy statement 

(iii)  revised minimum credit-ratings for Housing Associations (A-) and Corporate Bonds (A-) 

Amendment 2: We propose that the council agrees an addition to its Treasury Management Statement and the Annual Investment Strategy for 2023/24:

That any new investments should be in countries or territories classified as “Free” or “Partly Free” by Freedom House. No investments should be made in countries or territories classified as “not free”.

In relation to credit ratings, the Chairman suggested a compromise proposal of minimum BBB+ (rather than BBB-).

In considering the second amendment, the question was raised around whether it was right to exclude countries on that basis.  The Director of Finance confirmed that all the Council’s investments were sterling based and FCA regulated as such protections were in place and the Council was able to achieve a better return.

In  ...  view the full minutes text for item 91a

Members of the Committee are requested to bring their copy of the agenda for the Executive meeting on 8 February 2023

The Committee considered the following reports on the Part 1 agenda for the meeting of the Executive on 8 February 2023:

Report CSD23024

At the meeting of the Executive Committee on 19 October 2022, an update was brought to the Executive on the Biggin Hill Airport Noise Action Plan review. At the time of the report, one of the key commitments of the Noise Action Plan (NAP), the new approach to Runway 03, was yet to be approved by the Civil Aviation Authority (CAA). As this commitment was deemed to be one of the most important for residents, the committee asked for a further report to be brought to the Executive Committee in January 2023, once the CAA had made its decision on this issue.

The CAA had now issued its decision refusing the new approach to R03. The report recommended moving forwards with the revision of the NAP with a view to making improvements without the benefit of the new approach to R03 for the next five years.

The Committee received a presentation from Mr Robert Pattullo, Chairman of Flightpath Watch (FPW).

In opening the discussion, a Member highlighted that whilst a revised NAP should be developed and agreed this should only be done after the formal review of the current NAP had been completed as it had now been six years since the current NAP was agreed.  One of the key conditions of the current NAP was Runway 03 and following the decision of the CAA this would now not happen.  There were also several other elements of the NAP with which Biggin Hill Airport Limited (BHAL) had failed to comply and BHAL needed to be held accountable.

In relation to the cap on movements, the Member recalled that at the time the current NAP was produced there had been assurance that the 50,000 cap on movements was fixed.  However, since that time this cap had been exceeded.  The Member argued that the Council’s position should be that the cap on movements was fixed and unchallengeable.

Another Member noted that there were four parties to the agreement: BHAL, residents, Officers/the Council’s Executive, and scrutinising Councillors.  The Member suggested that it may be helpful to convene a Working Party to ensure that all parties could be involved in the review of the NAP and the production of any revised NAP.  This would ensure that residents were fully engaged in the processes.

The Committee recognised that this was something that greatly affected residents, and the volume of correspondence received by Councillors on this issue was testament to that.  A Member stressed that it was reasonable for residents to assume that BHAL would comply with the terms of the lease.  The Member expressed the hope that during negotiations for the revised NAP every opportunity to reduce noise and air pollution would be taken.

Councillor Jeal emphasised that residents now wanted the Council to move towards a revised NAP that was clear and legally  ...  view the full minutes text for item 92.

Report FSD23016

The report set out the different payment options available for payment of Council Tax and proposed ways in which the number of taxpayers who pay by direct debit could be increased.  A Part 2 report also included a review of the costs of the different payment options.

Members discussed the proposed incentives and the Director of Finance outlined why a prize was being proposed.  Members noted that if more residents could be encouraged to pay by Direct Debit there were benefits to the Council.  In response to a question the Assistant Director for Exchequer Services confirmed that there were consumer protection regulations in place preventing the Council from charging a fee for payments by credit cards.

The Director of Finance confirmed that any legal tender would be accepted for the payment of Council Tax, however incentivising direct debit payments could reduce the costs to the Council.

The Committee noted that an Equalities Impact Assessment would be undertaken as part of the consultation process and the results would be reported back to Committee.

RESOLVED: That

1.  The proposal to run a prize draw with a prize of £5,000 for residents who pay by direct debit for at least 10 months during 2023/24.

2.  The proposals for increasing direct debit take up be endorsed.

3.  The proposal to consult on the removal of some of the current payment options as set out in the report be endorsed.

Report CSD22020

The Chairman of ERC PDS committee requested a report to review the Council’s process, policy and procedure to protect and defend freedom of speech for Council staff and for those who work for the Council’s contactors. The report looked at the process, policy, and procedure to protect and defend freedom of speech for Council staff and considered the measures available to staff who work for the Council’s contractors.

In opening the discussion, the Chairman noted that there was more work to be done around this issue and therefore suggested that consideration of the item be deferred until the first meeting of the new municipal year.

RESOLVED: That consideration of the report be deferred.

The items comprise:

·  Risk Management (Red Risks)

Members have been provided with advance copies of the briefing via e-mail.  The briefing is also available on the Council's Website at the following link: http://cds.bromley.gov.uk/ieListMeetings.aspx?CId=559&Year=0

Information Items will not be debated at Executive, Resources and Contracts PDS Committee unless a member of the Committee requests a discussion be held.  24 hours’ notice must be given to the Clerk.

The items comprised:

• Risk Management

Councillor David Cartwright sought further information and reassurance around Reference 12 on the Human Resources and Customer Services Risk Register relating to Insufficient Fire Safety Arrangements.  It was agreed that the information should be provided after the meeting.

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

The Committee considered and discussed the information in the Part 2 report.

The report presented February 2023’s Corporate Contracts Register for consideration. Detailed scrutiny of individual contracts was the responsibility of the six PDS Committees but ER&C PDS took an overview of the Council’s larger value (£200k+) contracts to ensure that commissioning and procurement activity was progressed in a consistent manner.  The report provided both the Council wide £200k+ register together with the £50k+ register specific to the ER&C Portfolio. The Contracts Register presented in ‘Part 2’ of this agenda included a commentary on each contract to inform Members of any issues or developments.

The Committee noted that one contract had been flagged for attention.  In response to a question the Assistant Director for Governance and Contracts confirmed that sound reasons had been given for the extension of contract in terms of the quality of the service received.  The service was also asked to make the contract extension as short as possible and a compliant tender process to be implemented in good time.

RESOLVED: That the report be noted.