Agenda and minutes

Executive - Wednesday 10 September 2014 7.00 pm

Venue: Bromley Civic Centre

Contact: Keith Pringle  020 8313 4508

Items
No. Item

55.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies.

 

56.

DECLARATIONS OF INTEREST

Minutes:

Councillor Peter Morgan declared a personal interest by virtue of his daughter being a Director of Kier Property Services.

 

57.

TO CONFIRM THE MINUTES OF THE MEETINGS HELD ON 16TH AND 22ND JULY 2014 pdf icon PDF 353 KB

a)  to confirm the minutes of the meetings held on 16th and 22nd July 2014

 

b)  Matters Arising report

 

 

Additional documents:

Minutes:

The minutes were agreed and matters arising noted.

 

58.

QUESTIONS FROM MEMBERS OF THE PUBLIC ATTENDING THE MEETING

In accordance with the Council’s Constitution, questions to this Committee must be received in writing four working days before the date of the meeting.  Therefore please ensure that questions are received by the Democratic Services Team by 5pm on Thursday 4th September 2014.

 

Minutes:

Three questions had been received for written reply. Details of the questions and replies are at Appendix A.

 

59.

BUDGET MONITORING 2014/15 pdf icon PDF 322 KB

Additional documents:

Minutes:

Report FSD14060

 

Members considered the second budget monitoring position for 2014/15 based on expenditure and activity levels to July 2014.  Approval was sought inter-alia for the release of sums from Central Contingency and to a number of carry-forward requests. Member views were also sought on the amount of monies that should be set aside as an earmarked reserve for the “Parallel Fund”.

 

With a projected net overspend on services (of £4,351k) the Leader highlighted the importance of revenue expenditure being contained within budget and for action to be taken by Portfolio Holders and officers to ensure this happens. The Leader emphasised that the projected overspend position needed to be addressed within the next six weeks. 

 

Portfolio Holders provided brief commentary on the budget position for their Portfolios including details of specific challenges.

 

The Portfolio Holder for Resources highlighted that there were now several instances of unfunded new burdens placed on the Council and hoped that details were being passed to local MPs. He also asked for a report on progress with Invest to Save measures. Additionally, with pressure building on operational housing, the Portfolio Holder suggested that unallocated s106 receipts for housing be used towards the pressures. The Portfolio Holder for Renewal and Recreation suggested that any invest to save commentary identify how much has been paid back.

 

On new burdens – particularly the impact of welfare reforms - it was explained that the Department for Work and Pensions would say there is no impact on local authorities. On invest to save, there had been previous discussions at PDS Committees and a report would be brought back to the Executive. For s106 monies earmarked for housing, a more flexible use of the funding now enabled it to be used for short term housing; the Renewal and Recreation Portfolio Holder indicated that some s106 funding had already been used to purchase some properties. 

 

Concerning monies to be set aside as an earmarked reserve for the “Parallel Fund” it was agreed that a sum of £2.7m should be set aside by way of a one-off lump sum.

 

RESOLVED that:

 

(1) the latest financial position be noted along with a projected net overspend on services of £4,351k based on information at July 2014;

 

(2) the full year cost pressures of £5.5m as detailed at section 3.9 of Report FSD14060 be noted;

 

(3) a projected reduction to the General Fund balance of £3.8m to £16.2m be noted as detailed at paragraph 3.8 of Report FSD14060;

 

(4) comments from the Director of Transformation and Regeneration, the Director of Education, Care and Health Services and the Director of Environment and Community Services as detailed at sections 3.2 ,3.3 and 3.4 of Report FSD14060 be noted;

 

(5) funding of £66k be released from Central Contingency for Welfare Reform as detailed at paragraph 3.5.2 of Report FSD14060;

 

(6) funding of £36k be released from Central Contingency for Staying Put as detailed at paragraph 3.5.3 of Report FSD14060;

 

(7) all carry forward requests at paragraphs 3.6.1 - 3.6.7 of  ...  view the full minutes text for item 59.

60.

TREASURY MANAGEMENT - INVESTMENT STRATEGY REVIEW AND Q1 PERFORMANCE 2014/15 pdf icon PDF 250 KB

Additional documents:

Minutes:

Report FSD14057

 

Report FSD14057 summarised treasury management activity during the quarter ending 30th June 2014 and recommended changes to the Council’s Treasury Management Investment Strategy.

 

The changes comprised an increase in the total investment limit for the two part-nationalised banks, Lloyds and Royal Bank of Scotland, to £80m each and in the maximum investment period to three years; a reduction in the minimum credit rating for corporate bond investments to A-; and the addition of Diversified Growth Funds as permitted investments, with a total investment of up to £10m.

 

The report also included an update on the Council’s investment with Heritable Bank.

 

Investments at 30th June 2014 totalled £287.2m (excluding the balance of the Heritable investment) and there was no outstanding external borrowing.

 

Members were advised that recommended changes to the investment strategy would significantly improve income for the Council.  

 

RESOLVED that:

 

(1) actual Treasury Management performance in the quarter ended

30th June 2014 be noted; and

 

(2) Council be recommended to approve the following changes to the Council’s Treasury Management Investment Strategy –

 

·  an increase in the total investment limit for the two part-nationalised banks, Lloyds and Royal Bank of Scotland, to £80m each and in the maximum investment period to three years (paragraphs 3.27 to 3.29 of Report FSD14057);

 

·  a reduction in the minimum credit rating for corporate bond investments to A- (paragraphs 3.30 to 3.34 of Report FSD14057);

 

·  investment of up to £10m in Diversified Growth Funds (paragraphs 3.35 to 3.37 of Report FSD14057).

 

61.

GATEWAY REPORT - PROPOSALS FOR RE-TENDERING OF THE CHURCHILL THEATRE MANAGEMENT CONTRACT pdf icon PDF 179 KB

Minutes:

Report DRR14/075

 

Current arrangements for management of the Churchill Theatre were due to expire on 3rd April 2016 and Report DRR14/075 outlined the process and timetable for re-tendering the lease. It was proposed that this would be based on a period of 25 years with a break clause for redevelopment at years 10, 15 and 20, exercisable with a 24 month notice period.

 

Concerning the proposed length of contract, it was indicated that 25 years would make the proposal more attractive to any potential contractor.  The Portfolio Holder for Education sought clarification on whether the proposed break clause for redevelopment at years 10, 15 and 20 was exercisable by both parties for their benefit and it was agreed to clarify the position following the meeting.

 

Noting that the Executive and Resources and Renewal and Recreation PDS Committees supported the tender process and timescales and that the recommendations were intended to solely initiate the process, the recommendations were agreed. 

 

RESOLVED that:

 

(1) the proposed tender process and timescales outlined within Report DRR14/075 be approved in order that officers can undertake the tendering process; and

 

(2) a further report be brought to the Executive in May 2015 on the results of the tender process and evaluation, along with the results of the condition survey of the building currently being undertaken.

 

62.

LAND AT UPPER ELMERS END ROAD AND CROYDON ROAD - APPLICATION FOR REGISTRATION AS A TOWN OR VILLAGE GREEN pdf icon PDF 154 KB

Additional documents:

Minutes:

Report CSD14132

 

At its meeting on 9th July 2014 the Development Control Committee considered a report related to a third party application to register the triangle of land at Elmers End bounded by Upper Elmers End Road, Croydon Road and Elmerside Road as a new Town or Village Green. The report to the Committee, appended to Report CSD14132 (along with the relevant minute),  recommended that, as the application failed to meet the legal criteria for a third party registration, it should be rejected. However, the Committee was minded to support the land being registered as a new Town or Village Green and was advised that this could be achieved by way of an application for voluntary registration by the Council in its capacity as owner of the land. As relevant decision maker, the Executive was asked whether or not this course of action should be followed.

 

The Leader acknowledged receipt of emailed representations (also provided to Executive Members) and at the Leader’s invitation, Councillor Alan Collins addressed Members in support of the land becoming a new Town or Village Green.

 

Members sought clarification on a number of aspects including: how the land could possibly be considered unique; why further support was not expressed at consultation; what difference would town/village green registration make (compared to current use of the land); and what were the recreational uses currently taking place on the green. Clarity was also sought on why preference should be given to protecting this land (for recreational use) rather than other local parks.

 

Councillor Collins suggested the land was important given its history for recreational purposes. By registering as a Town or Village Green, the land would be secured for recreation. There appeared no requirement on the number of supporting representations necessary for registration; the absence of further representations did not indicate a lack of interest. For any drinking/ dog fouling problem, the enforcement approach at nearby Beckenham Green could provide an example for the Elmers End land. Local residents wanted security that the land would continue to be used for recreation. Any future structures on the land would also harm the area ascetically.

 

The Leader suggested that security was already available without the need for registering the land as a Town or Village Green. Concerning the setting of any precedent through voluntary registration, it was suggested that whilst no precedent could be set according to strict legal definition, it might be possible to rely on such a registration in pressing for any future decisions; this could cause difficulties should Members wish to take a different course in future with similar applications.

 

The Leader felt comfortable that there was no necessity to have the land registered as a Town or Village Green. The report recommendation was put to a vote and it was agreed by a majority that the current status of the land should remain.  

 

RESOLVED that no action be taken to seek voluntary registration of the land as a new Town or Village Green.

 

63.

CONSIDERATION OF ANY OTHER ISSUES REFERRED FROM THE EXECUTIVE AND RESOURCES POLICY DEVELOPMENT AND SCRUTINY COMMITTEE

Minutes:

There were no additional issues to be reported from the Executive and Resources PDS Committee.

 

64.

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.

65.

EXEMPT MINUTES OF THE MEETINGS HELD ON 16TH AND 22ND JULY 2014

Minutes:

The exempt minutes were agreed.

 

66.

ACQUISITION OF INVESTMENT PROPERTIES

Minutes:

Report DRR14/084

 

Members considered an update on the acquisition of investment properties to meet the £2m income target in the 2014/15 budget and looked at considerations for the future purchase of investment opportunities.

 

Approval was also sought for the purchase of a further property.

 

67.

OPERATIONAL PROPERTY REVIEW AND DISPOSAL OPPORTUNITIES

Minutes:

Report DRR14/085

 

The Councilcommissioned aconsultant to undertakea review of all ofthe Council’s landholdings. Report DRR14/085 advised Members of some of the properties identified as possible disposal opportunities together with properties already identified as surplus or potentially surplus to requirements.

 

68.

CHISLEHURST LIBRARY, RED HILL, CHISLEHURST

Minutes:

Report DRR14/083

 

Members considered future possibilities in relation to the Chislehurst Library site.

 

69.

LOCAL LAND CHARGES LITIGATION

Minutes:

Report CSD14094

 

Members were asked to agree terms for settling a further claim in connection with charges previously levied for personal searches of the Land Charges Register.

 

Appendix A pdf icon PDF 6 KB