Agenda and minutes

Apologies were received from Councillor Ellie Harmer.

There were no declarations of interest.

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 Wednesday 9^th January 2013.

There were no questions to the Committee.

The minutes were agreed.

In accordance with the Council’s Constitution, questions to the Portfolio Holder 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 Wednesday 9^th January 2013.

Three questions were received from Mr Colin Willetts for written reply. Details of the questions and replies are at Appendix A.

The Environment Portfolio Holder to present scheduled reports for pre-decision scrutiny on matters where he is minded to make decisions.

Report ES13005

Based on expenditure and activity levels to 30^th November 2012, the 2012/13 controllable budget for the Environment Portfolio was projected to under spend by £154k.

Details were provided of the 2012/13 projected outturn with a forecast of projected spend for each division compared to the latest approved budget. Background to variations was also outlined.

Report ES13005 alsooutlined expenditure against Member Priority Initiatives for the Environment Portfolio and progress of the selected projects.

RESOLVED that the Portfolio Holder be recommended to:

(1) endorse the latest 2012/13 budget projection for the Environment Portfolio; and

(2)  note progress with implementing the Environment projects within the Member Priority Initiatives programme.

Report ES13009

Approval had been granted in October 2011 to use the Eastern Shires Purchasing Organisation (ESPO) Bailiff Services Contract 984CC following expiry of existing contracts with JBW and Swift on 31^st March 2013. However, ESPO had been reviewing and updating their framework agreement in 2012 and had advised that it would not now be available for use until April 2014 at the earliest - ESPO continued to be in the process of consulting with stakeholders.

Since October 2011 service from JBW and Swift remained acceptable and it was too early to assess the performance of Liberata’s bailiffs, Phoenix and Chandlers, given limited numbers of warrants sent so far. When London traffic authorities were last surveyed, L B Bromley had the best performance in recovering PCN debt and there was no evidence that the position had changed.

Taking forward the Shared Service project and a new ICT system in the first half of 2013 also provided further grounds for recommending a delay to the tendering process. The contracts in place with JBW and Swift Credit Services were due to expire on 31st March 2013 and legal advice indicated that it was permissible to extend the contracts by mutual agreement so allowing for continued stability of the debt collection activity.

The trial arrangement with Phoenix and Chandlers could also be extended to allow for a longer performance assessment. The current agreement commenced in October 2012 and was due to expire on 31^st March 2013. A minimum period of at least an additional six months was recommended to accurately assess and compare the performance of Phoenix and Chandlers with JBW and Swift. 

Furthermore, primary legislation affecting bailiff services continued through Parliament with implementation of any changes expected in autumn 2013.

Delaying the tender process would allow for a better understanding of the implications of new legislation so that final specification and contract could incorporate any necessary or desirable changes.

A further report from Parking Services due in October/November 2013 would include an assessment of the first six months of the Shared Service with L B Bexley along with an analysis of any opportunities for further outsourcing. Options for the debt recovery function would be included in the report. 

RESOLVED that the Environmental Portfolio Holder be recommended to approve:

(i)  a postponement of the tendering process for Parking bailiff and debt recovery services until the updated ESPO framework agreement is available for use;

(ii)  the retention of JBW and Swift Credit Services to provide parking bailiff services until the tendering process is complete, for a maximum of 12 months until 31st March 2014 and

(iii)  the continued use of Liberata’s bailiff and debt collection partners, Chandlers and Phoenix, on a trial basis for a maximum of 12 months to 31st March 2014.

Report ES13002

Report ES13002 provided an update on the use of XFOR Local Authority Support Ltd (XFOR) to provide an enforcement service of serving fixed penalty notices (FPNs) for littering and dog fouling offences. The update included results of the trial for the first three month period.

It was proposed to extend the trial period for a further six months from 1^st March to 31^st August 2013 to enable a more thorough analysis and review which would also take account of any seasonal variations. The extended period would be based on existing terms and conditions with XFOR.

In order to avoid any discontinuation of service between the end of the trial period and the start of any contract, it was proposed to commence the preparation of documentation to secure the provision of enforcement services through competitive tender.

In discussion a number of questions were asked by Members. Details provided in response included the following points:

·  an enforcement officer would witness a littering offence taking place and an officer’s body-worn video camera would record the interaction between the officer and the alleged offender including the issuing of a FPN – if requested by the alleged offender, the video footage could be viewed at a later date;

·  a risk of the trial scheme not breaking even (against expectations) was dependent upon offences witnessed and the proportion of successful fine payments - a normal return/recovery rate of about 60% was expected; some boroughs have made a small surplus to contribute to funding street cleaning;

·  due to printing problems following the closure of the Design Studio, the trial had started with the old FPN which included a discount for early payment, which was not in the original business case and there had therefore been an income shortfall of £5,610;

·  the first Bromley Magistrates’ Court case in relation to non-payment of an FPN was held on 11^th January 2013, and there would be a media plan which would be agreed with the Portfolio Holder;

·  although the XFOR service provided enforcement against all types of litter, including chewing gum, a high proportion of littering which was being enforced involved cigarette butts; and

·  the current use of XFOR was a trial – FPN enforcement against other offences in addition to littering and dog fouling could be included as an option in any decision to let a future contract; this would be reported to Members.

Councillor Adams was surprised that no FPNs had been issued for dog fouling offences between 10^th September and 30^th November 2012. It was indicated that enforcement officers were vigilant against dog fouling offences and that local intelligence was key. It was thought that a uniformed presence might encourage compliance by dog owners – for parks it had been agreed that Ward Security would manage any enforcement action during the trial period. The issue of enforcement in parks should be considered as an option in the tender process.

It was indicated that enforcement officers would normally go  ...  view the full minutes text for item 40c

Report ES13001

Report ES13001 provided a review of services within the new street environment services contract. The contract was let on 29^th March 2012 for an initial five year period with an option of a two year extension. To achieve a budget saving the contract incorporated revised specifications for each service area (street cleaning, graffiti removal, cleaning of public conveniences and highway drainage cleaning). Report ES13001 also outlined proposals for further service improvement within budgetary constraints.

The contract was awarded as four lots to the following contractors:

·  Kier Environmental Service, for street cleaning (Lot 1)

·  Community Clean, for graffiti removal (Lot 2)

·  Kier Environmental Services, for cleaning of public conveniences (Lot 3)

·  Veolia, for cleaning of highway drainage assets (Lot 4)

Details of the previous contract and current standards/frequencies were appended to Report ES13001.

For this item the Kier National Director and Kier Contract Manager for L B Bromley attended the meeting.

In discussion, Councillor Grainger felt that street cleaning needed continual review especially where there were over-parked areas. He suggested there were roads cleaned regularly which might not need a regular clean and other more littered roads which needed more cleaning. He felt that better targeting was needed; there were roads in his ward scheduled for fortnightly cleaning which he suggested could be cleaned less frequently and at weekends, perhaps providing an overall lower cost. He felt priority should be given to litter removal rather than detritus given the Borough’s high proportion of green spaces.

Members were advised that the time and frequency of cleaning had been looked at especially weekend cleaning. Reference was made to difficulties with parked vehicles and there were some 330 roads in the borough where this was a problem. There was a cost to clean outside of a normal weekday but this could be balanced with other parts of the contract.

Kier’s National Director referred to providing the best service within the existing budget and there was continuous review. Kier were now some nine months into the contract and improvements would be brought in where necessary. 

Councillor Jefferys suggested less but more effective cleaning in certain parts of his ward. There continued to be a problem with leaves and parked cars. He suggested looking at weekend cleaning and felt that it was necessary to engage with residents - perhaps residents would be prepared to move cars for cleaning purposes. He also enquired whether it was possible to identify when the leaves of particular trees might fall and felt that it was necessary to work smarter. He also asked if there were “hot spots” in certain areas where gullies were likely to be blocked

Members were advised that it was necessary to gather intelligence. Deep cleans could be carried out and temporary traffic restrictions (parking orders) could be made to ensure that vehicles are moved for such cleans. Officers were sharing intelligence with the contractor. Similarly it was also necessary to gather and use intelligence on blocked gullies e.g. in  ...  view the full minutes text for item 41.

Report ES12143

Report ES12143 outlined half-year stage progress against commitments made in the 2012/13 Environment Portfolio Plan.

A selection of priority aims from the Portfolio Plan had been previously submitted for the Council’s 2012/13 Building a Better Bromley commitment and Appendix 1 to Report ES12143 outlined progress against those aims.

A summary of half-year performance against the full set of milestones agreed in the Portfolio Plan was included at Appendix 2 to Report ES12143.

In discussion, it was indicated that income was being achieved from textiles delivered to bring sites for recycling. There was also a funding agreement with WRAP for a kerbside collection service.

End of year performance data was preferred to highlighting “snapshot” in-year figures, enabling a reliable comparison against performance in previous years. Councillor Grainger advocated the presentation of figures in graph form to identify trends.

It was confirmed that the possibilities of parking payment by debit card were being investigated.

Responding to a question from Councillor Fookes, the Portfolio Holder indicated that the volume of and success from inspecting 80% of utility street works in L B Bromley was exemplary in London. Concerning School Crossing Patrols, the Portfolio Holder indicated that the Council continued to fund schools for crossing patrols in all but two cases, where the schools concerned were considering the offer.

In regard to developing the borough’s street café culture, the Portfolio Holder indicated that this was primarily an area for the Renewal and Recreation Portfolio although fee income from issuing street trading licences to cafes, restaurants and other traders came to the Environment Portfolio.

The Portfolio Holder updated the Committee on progress in lobbying for DLR and Tramlink extensions into the borough. It had been emphasised to TfL Officers, MPs and London Assembly Members that an extension of the DLR to Bromley was the priority link for Bromley. This was followed in priority by potential Tramlink connections to Crystal Palace and Bromley town centre. The DLR extension would enable Bromley residents to reach the City and the east of London quickly. Provisional TfL figures were now available but at the time of receipt, the Mayor of London’s Business Plan had been drafted. The Director of Renewal and Recreation was taking forward the business case for a DLR extension. 

Concerning School Crossing Patrols, Councillor Grainger supported moving towards engineering solutions such as a refuge rather than a School Crossing Patrol (SCP). The Portfolio Holder indicated that schools often saw SCPs as a priority for safety and schools had demonstrated that they wanted to retain their SCP personnel. He suggested that in some cases zebra crossings or a refuge would work but in other cases they would not. There were not many wanting this type of approach and the Portfolio Holder thought it would be particularly unpopular to force a move to such a solution. 

Councillor Samaris Huntington-Thresher suggested, given the current financial climate, that some schools might prefer an engineering solution. 

On recycling, Councillor Samaris Huntington-Thresher suggested focusing on those not recycling. The  ...  view the full minutes text for item 42.

Report ES13017

Members considered the Portfolio Holder’s draft 2013/14 budget incorporating future cost pressures and initial draft budget saving options as reported to the Executive on 9th January 2013. Members were asked to consider the initial draft budget savings proposed and identify any further action that might be taken to reduce cost pressures facing the Council over the next four years.

There continued to be outstanding issues and areas of uncertainty remained. Any further updates would be included in the 2013/14 Council Tax report to the next Executive meeting.

A summary of new savings options related to the Environment Portfolio was appended to Report ES13017 as were a draft estimate summary sheet, budget variations, notes on the budget variations and a subjective analysis. Commentary was also appended in relation to expenditure pressures and service risks, particularly from unpredictable demand in areas such as waste, parking, highways and winter maintenance.

Councillor Grainger felt that improved efficiency could be obtained by merging budgets for planned highway maintenance, planned minor works and reactive works into a single budget. He suggested that an emphasis on planned major works would reduce the need for reactive work to deal with problems such as deep potholes. Councillor Grainger also suggested consideration be given to having one category of inspector to cover all inspection types. Responding, the Director referred to the specialised technical skills required to assess the fabric of the highway. He advised that savings had been generated by making the highway inspector role a specific role, and this was reflected in the recently let contract for this service.

The Director was asked about the proposed saving of £150k linked to a service review of Carbon Management. He advised that this proposal could impact on the management of energy efficiency activity and minimising carbon tax liabilities. There were corporate implications and the issue had been referred to the Chief Executive for further consideration.

Councillor Samaris Huntington-Thresher questioned a proposed £68k saving on tree maintenance suggesting that a backlog of maintenance could lead to insurance claims and safety issues. She felt that text on possible service impact, in Appendix 1A to Report ES13017, suggested there would only be reactive tree maintenance next year. The Assistant Director (Street Scene and Greenspace) offered to clarify the position, and confirmed that safety issues would be dealt with.

Councillor Grainger felt that too many trees were being cut down for no obvious reason. He had also noticed stockpiled wood at High Elms Country Park and suggested a possible income source from selling felled timber. Members were advised that the BEECHE Centre had a biomass boiler which used wood from the Park. It was also indicated that contractors would normally dispose of wood. The Assistant Director (Street Scene and Greenspace) had asked similar questions (on generating income from felled timber) and would advise Councillor Grainger of the outcome. 

Referring to the notes on 2013/14 Budget Variations (Appendix 2C to Report ES13017), Councillor Samaris Huntington-Thresher noted that more waste would be  ...  view the full minutes text for item 43.

Report ES13003

On matters arising from previous meetings, Councillor Grainger highlighted the programme of measures to alleviate congestion at certain pinch points in the borough - there should be an opportunity for Members to review the programme and suggest additional pinch point locations as appropriate. 

It was indicated that officer support for a further meeting of the Parking Working Group could be accommodated upon completion of necessary preparation work for a parking shared service with L B Bexley. (Democratic Services Note: it is intended to convene a meeting of the Working Group – date to be arranged). It was agreed that Councillor Grainger be added to the Working Group membership.

RESOLVED that:

(1) the Committee’s Work Programme at Appendix 1 to Report ES13003 be agreed;

(2) progress related to previous Committee requests as set out at Appendix 2 to Report ES13003 be noted;

(3) the Environment Portfolio contracts listed at Appendix 3 to Report ES13003 be noted; and

(4)  Councillor Julian Grainger be added to membership of the Parking Working Group.

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.

The Part 2 Minutes were agreed.

QUESTIONS TO THE PORTFOLIO HOLDER FROM MR COLIN WILLETTS FOR WRITTEN REPLY

1.  Could the Portfolio Holder have rectified the following two items reported/outstanding from six months ago:

(i) loose brickwork around tree/shrub retaining wall Longbury Close carpark?

(ii) replacement of broken/splintered car park guard rail outside 1 Leigh Terrace, Saxville Road BR5 3AU?

Reply

(i)  I have done.

(ii)  I have done.

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2.  Could the Portfolio Holder tell me when the 'temporary no right turns'

signage in Sevenoaks Way junctions Leesons Hill/Station Road will be removed?

Reply

The effect of banning these right turns has been to improve traffic flows along the often-congested Cray Avenue, even while there was increased traffic flow caused by the bridge diversionary route. Now that traffic patterns have returned to normal, Bromley is conducting traffic counts along this section of road, to help establish if the banned right turns should possibly stay in place.

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3.  Could the Portfolio Holder tell me when the double yellow lines will be installed in Chipperfield Road near junction Curtismill Way and outside St Paul's Cray Library in Mickleham Road?

Reply

The orders for both sets of yellow lines have been placed and, weather allowing, they will be on the ground before the end of January.

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