Agenda and minutes

Venue: Bromley Civic Centre

Contact: Keith Pringle  020 8313 4508

Items
No. Item

1.

APOLOGIES FOR ABSENCE AND NOTIFICATION OF SUBSTITUTE MEMBERS

Minutes:

Apologies were received from Councillor David Jefferys and Councillor Samaris Huntington-Thresher.

 

2.

DECLARATIONS OF INTEREST

Minutes:

Related to item 6d on the agenda (Appointments to the Countryside Consultative Panel and the Leisure Gardens and Allotments Panel 2018/19) the following Members declared interests:

 

Cllr Dunn (nomination for appointment to the Countryside Consultative Panel and Cllr Dunn’s partner being a nomination for appointment to the Leisure Gardens and Allotments Panel);

 

Cllr Kieran Terry (nomination for appointment to the Leisure Gardens and Allotments Panel);

 

Cllr Kira Gabbert (nomination for appointment to the Countryside Consultative Panel); and

 

Cllr William Huntington-Thresher, Portfolio Holder, (nomination for appointment to the Countryside Consultative Panel).

    

3.

QUESTIONS FROM COUNCILLORS AND 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 Wednesday 4th July 2018.

Minutes:

There were no questions to the Committee.

 

4.

MINUTES OF THE ENVIRONMENT PDS COMMITTEE MEETING HELD ON 15TH MARCH 2018 AND THE SPECIAL ENVIRONMENT PDS COMMITTEE MEETING HELD ON 19TH APRIL 2018 pdf icon PDF 145 KB

Additional documents:

Minutes:

The minutes were agreed.

 

5.

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

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 4th July 2018.

Minutes:

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

 

6.

PRE-DECISION SCRUTINY OF REPORTS TO THE ENVIRONMENT PORTFOLIO HOLDER

Portfolio Holder decisions for pre-decision scrutiny.

6a

PROVISIONAL OUTTURN 2017/18 pdf icon PDF 86 KB

Additional documents:

Minutes:

Report FSD18057

 

The Portfolio Holder was asked to endorse the provisional 2017/18 outturn for the previous Environment Portfolio showing a £1.831m under-spend against a controllable budget of £38.5m (a 4.76% variation). Excluding £280k carry forward sums, the under-spend amounted to £1.551m. Details of variations were outlined in Report FSD18057. 

 

The Portfolio Holder was also asked to approve drawdown of the following  carry forward sums from Central Contingency:

 

In discussion, and in considering the variations for Waste Services, reference was made to a diversion of 16,540 tonnes from landfill to Mechanical Biological Treatment (MBT). The treatment included recovery of as many recyclable materials as possible with remaining waste then stabilised and compressed for energy recovery. No guaranteed volume from L B Bromley was necessary for MBT and the plant used by the waste contractors had been affected by a fire issue. However, the aim would be to deliver as much to MBT as projected for 2017/18. The new contracts would also incentivise suppliers to provide innovative waste treatment solutions e.g. compacting waste into pellets for fuel at continental power plants. Trade waste income also increased more than previously expected in the remaining three months of 2017/18 resulting in additional income of £53k above budget.

 

Highlighting a reduction in emptying recycling banks (contributing to a £61k underspend on the waste collection contract), a Member stated that he had seen recycling banks overfull with material dumped alongside, a particular example being at the High Street Car Park in Chislehurst. With operatives unlikely to sort through bags, the Member was concerned that the material would be landfilled. However, reductions in material to recycling banks and fly-tipping resulted in a lower fee paid to Veolia. With Veolia paid according to price per tonne of material collected, Veolia had an incentive to collect recyclate. Some of the material might have been left outside due to the small window in the paper banks; these were designed to avoid non–recyclable packaging being left in cardboard boxes. The current waste contract was also near to expiry; vehicles were becoming old with those involved in recycling bank collections breaking down more regularly. However, with extra vehicles now acquired it was reasonable to expect a reduction in material left outside of recycling bins.

 

On Parking Services, a delay was highlighted in rolling out additional paid parking bays. They were still intended but it was a question of timing and matters related to consultation. In some cases traders can initially oppose schemes but subsequently welcome them on seeing a positive impact following installation. Pay and Display bays enable short period parking and prevent commuters parking at certain locations e.g. local shopping parades.

 

Although a year-end income deficit of £187k for on and off-street parking was partly due to early problems with the new parking contract, the deficit was mainly attributed to reduced usage. A Member enquired about any measures being taken to encourage further use of (Council-owned) car parks; introducing further reduced parking fees (for Bromley Town Centre) on a  ...  view the full minutes text for item 6a

6b

BUDGET MONITORING 2018/19 pdf icon PDF 66 KB

Additional documents:

Minutes:

Report FSD18049

 

Based on expenditure and activity levels to 31 May 2018, the latest 2018/19 budget monitoring position for the Environment & Community Services Portfolio showed a £1k overspend with the controllable budget projected to be underspent by £14k at year-end.

 

Details were provided of the projected outturn with a forecast of projected spend against each relevant service area compared to the latest approved budget. The background to variations was also outlined.

The Executive Director particularly highlighted the Central Contingency Adjustments outlined at Appendix 1A to Report FSD18049. Along with details of the Carry Forward Requests approved from 2017/18 (also outlined at Appendix 1A to Report FSD18049), the latest approved budget for the Portfolio now stood at £38,852,000 (the original 2018/19 budget for the Portfolio having been previously set at £39,281,000).

RESOLVED that the Portfolio Holder be recommended to endorse the latest 2018/19 budget projection for the Environment & Community Services Portfolio.

 

 

6c

ENVIRONMENT & COMMUNITY SERVICES PORTFOLIO PLAN 2018/21 pdf icon PDF 99 KB

Additional documents:

Minutes:

Report ES18035

 

Members considered the draft 2018/21 Environment & Community Services Portfolio Plan setting out the Portfolio’s key service outcomes, associated issues (service drivers), aims, and performance measures.

 

A review of 2017/18 performance against the Portfolio Plan was also appended to Report ES18035as was a list of Formally Adopted Environmental Policies. 

 

With specific aims constantly evolving to reflect new challenges, a number of initiatives would be undertaken in 2018/19 including: 

 

·  completing the £11.8m highways capital programme;

·  implementing a number of major town centre public realm improvement projects;

·  improving parking management with the new contractor;

·  delivering local enhancements including tree planting, flower beds, and improved street furniture;

·  developing the successful Green Garden Waste Collection Scheme to reach more customers and to reduce traffic at Household Waste & Recycling Centres; and

·  supporting delivery of commissioning options for the Portfolio’s larger contracts from 2019 onwards.

 

Including a limited number of carefully chosen indicators to measure performance against service outcomes, the Plan outlined performance for 2017/18 and the previous three years (for comparison) along with targets for 2017/18 and subsequent three years (to gauge ambition).

 

A six-month progress update would be provided to the Committee’s meeting on 20th November 2018. Additionally, as a performance overview for each meeting, a dashboard of performance indicators against targets would be provided with a RAG status assigned to each (similar in format to the 2017/18 performance summary at Appendix 2 to Report ES18035).

 

The Portfolio Plan’s aims are delivered through the service contracts summarised in the ECS Contracts Register; delivery is also taken forward within the context of the Council’s formally adopted environmental policies.

 

In considering the Plan, Members put a number of questions to the Portfolio Holder.

 

On Fix My Street, the Portfolio Holder indicated that the facility can be accessed via the “Report it” tab on the home page of the Council’s website or via the Fix My Street Link (accessed from the home page via letter F). The reporting link had also been published in Environment Matters and Ward Members were encouraged to promote the facility.

For large amounts of paper and card generated by local business, high street businesses can work together to make their own recycling arrangements, often through facilities organised via a Town Centre Business Improvement District (BID).  Council facilities were effectively a disposer of last resort for business and the Council was unable to compete with large organisations such as BIFFA plc which concentrate on locations with many adjacent businesses. 

 

With weekend opening of the Waldo Road and Churchfields facilities more limited (compared to weekdays), it was suggested that residents might be discouraged from visiting the sites at weekends (often more convenient for residents at work in the week). However, the opening hours are limited by planning requirements and major noise abatement measures (effectively, covered facilities) would be needed to extend weekend opening. The Development Control Committee or its Planning Sub-Committees would need to consider any proposals. Open paper and cardboard containers at the sites had also been replaced with  ...  view the full minutes text for item 6c

6d

APPOINTMENTS TO THE COUNTRYSIDE CONSULTATIVE PANEL AND THE LEISURE GARDENS AND ALLOTMENTS PANEL 2018/19 pdf icon PDF 57 KB

Minutes:

Report CSD18095

 

Members supported nominations to the Countryside Consultative Panel and the Leisure Gardens and Allotments Panel for 2018/19.

 

Administration for the Panels is undertaken by Idverde, the Council’s contractor for Parks, Countryside and Greenspace Management.

 

RESOLVED that the Portfolio Holder be recommended to confirm the following appointments:

 

(1)  Councillors Julian Benington, Ian Dunn, Kira Gabbert, William Huntington-Thresher, Christopher Marlow, and Harry Stranger to the Countryside Consultative Panel for 2018/19; and

 

(2)  Councillors Vanessa Allen, Mary Cooke, Harry Stranger, Kieran Terry, and Stephen Wells to the Leisure Gardens and Allotments Panel.

 

7.

PRE-DECISION SCRUTINY OF REPORT TO THE EXECUTIVE

7a

DEPOT STRATEGY - CAPITAL WORKS pdf icon PDF 99 KB

Minutes:

Report ES18032

 

For the new waste management, street cleansing, and grounds maintenance contracts from April 2019, the Council’s depot provision had been strategically reviewed so that cost-effective, flexible facilities can be provided enabling a contractor to provide modular buildings and storage facilities to reduce ongoing Council costs.

 

Identified capital works included replacing hard standings and demolishing dilapidated buildings. At larger depots, particularly those associated with waste management, the improvements would help maintain site safety and environmental compliance, sustaining fitness-for -purpose during the contracts.

 

The review (including a condition survey on each site by Cushman and Wakefield) concluded that a number of existing premises would not be required to support the new contracts and in some cases better use of existing sites would bring operational efficiencies. Report ES18032 briefly summarised improvement works needed to each depot along with estimated costs (with final costs to be provided following design works by appointed consultants). As all sites were unlikely to be ready at the start of the new contracts, the contractors would be able to participate in design and phasing of the works. It was proposed to deliver the project through Amey’s Capital Project Team using multi-disciplinary consultancy services.

 

Along with Central and Churchfields depots seven smaller sites would be retained with seven existing sites not required after April 2019. It was also proposed to transfer three other sites to the Crystal Palace Trust in 2022.

 

The anticipated project programme comprised:

 

Task

Completion Date

Approval to project

July 2018

Appointment of Consultancy Services and Programme Manager

October 2018

Design Development and Tender

October 2019

Construction/ demolitions

October 2020

 

The estimated costs of the scheme were also summarised as follows:

 

 

 

With the Council’s capital receipts currently projected to be fully utilised by the end of 2019/20, building up again from 2022/23, it was proposed, where possible, to fund the scheme costs from unallocated capital receipts and internal borrowing. Projections for capital receipts currently included those estimated from depot disposals; should insufficient disposals be identified to fund scheme costs, a future report would include alternative funding options including longer term external borrowing if necessary e.g. from the Public Works Loan Board.

 

In discussion, Members were advised that in reviewing deports needed for the future, and those surplus to requirements, the existing contractors were consulted on matters such as the effect on operations should certain depots be removed. Bidders for the new environment contracts were also advised of depots proposed for retention. For sites no longer needed, various options would be considered (including a capital receipt for those that can be sold). Such options would be considered in a future report to the Resources Portfolio Holder.

 

More detail was requested on works related to headings such as hardstandings, concrete slabs and utilities particularly at Central Deport in view of an estimated £2.3m cost. As such officers would circulate a more detailed description of what is covered by such headings.

 

The estimated costs of the scheme included a 10% construction contingency. Rather than delegate the  ...  view the full minutes text for item 7a

8.

ORPINGTON STATION FORECOURT IMPROVEMENTS pdf icon PDF 63 KB

Minutes:

Report ES18054

 

An update was provided on the progress of forecourt improvements at Orpington Station. Via a partnership and joint funding arrangement with Southeastern (leaseholders of the land) it is intended to improve pedestrian routes and crossing points as well as the taxi rank, cycle parking, and lighting. 

 

Following a tendering exercise in April/May 2018, five compliant bids were received and having jointly assessed the tender submissions, Southeastern and L B Bromley are now in a position to appoint a contractor. Consequently, the Council’s share of the cost is now ready to be released to Southeastern so they can formally award and programme the works.

 

A sum of £371k allocated to the project comprises £142k from L B Bromley and £229k from the Rail Delivery Group, administered by Southeastern. The Council’s cost includes improvement works to the bus stop and footway immediately adjacent to the Station forecourt, funded by £82.5k from the Orpington Tesco development S106 allocation and £59.5k from the 2018/19 LIP Public Transport and Access budget (the TfL LIP budget currently has £100k allocated to the scheme). As the forecourt and cycle facilities will be maintained by Southeastern there will be no on-going costs for the Council.

 

RESOLVED that the contents of Report ES18054 be noted.

 

9.

CONTRACT REGISTER pdf icon PDF 129 KB

Additional documents:

Minutes:

Report ES18036

 

From the Contracts Register presented to the Contracts Sub-Committee on 29th March 2018, Members received an extract on Environment contracts. A further copy provided under Part 2 proceedings included commentary for each contract.

 

Key Environment information from the Part 1 extract comprised:

 

Item

Category

September 2017

November 2017

March
2018

Contracts

£50k+

20

21

23

Concern Flag

O

11

10

3

Risk Index

Red

7

7

7

Amber

6

6

7

Yellow

5

5

6

Green

2

3

3

Portfolio Total

 

20

21

23

Procurement Status

Red

4

14

16

Amber

10

2

2

Yellow

2

1

1

Green + New

4

4

4

Portfolio Total

 

20

21

23

Environment has 23 (~10%) of the Council’s 238(£50k plus) contracts

 

Since March, the following notable activity had taken place:

 

·  The major and minor highway works contracts had been awarded to JB Riney for an initial term of eight years;

 

·  Purchase orders had been placed with AECOM for the Highways Engineering Consultancy for 2018/19 with future options for the service being considered including working through JB Riney's supply chain (consultancy services was identified in the PIN for the new Highways contracts), as well as other existing Frameworks;

 

·  The current major works contractor, FM Conway, would continue to work in the borough until early 2019 to complete a number of larger projects, including Beckenham and Bromley town centres; and

 

·  The Depot Security Contract is included as part of Lot 2 (Waste Management), of the Environmental Services contracts currently out to tender.

 

For the contract on Supply of Contract Hire (Lease) cars currently provided by Crown Commercial Suppliers - Vehicle Lease Framework, Report ES18036 highlighted a correction to the extract, specifically that the CCS framework RM3710 is used, which was extended for one year from 15th May 2018 to

15th May 2019. Authorisation to continue such use was given by DOE in an exemption (‘waiver’) document on 7th December 2017 and options for future commissioning arrangements are being considered; recommendations would be reported to Members later in the year.

 

RESOLVED that the Part 1 £50k+ Contracts Register (which also forms part of the Council’s commitment to data transparency) appended to Report ES18036 be noted.

 

10.

RISK REGISTER pdf icon PDF 97 KB

Additional documents:

Minutes:

Report ES18037

 

Members received the revised Environment and Community Services (ECS) Risk Register, also forming part of the 2017/18 Annual Governance Statement evidence base.

 

The Register had been reviewed by ECS Departmental Management on 15th March 2018, by the Corporate Risk Management Group on 10th April 2018, and by the Audit Sub-Committee on 24th May 2018.

 

On income variation and loss, a Member was concerned that an annual review of parking tariff structures might see parking fees rise. However, specific actions would not amount to establishing policy and any policy change on parking tariffs would be brought to Members. Although the Council was prohibited from using on street only parking fees for profit, it was possible to offset parking income against other expenses e.g. costs related to processing Freedom Passes. 

 

Democratic Services Note: Section 55 of the Road Traffic Regulations Act 1984 requires local authorities to keep a separate account of income and expenditure relating to the on-street parking places and parking enforcement for on and off street parking. This is referred to as the Parking Account (PA).

Under this legislation, any surplus made from the Parking Account must be used to meet the cost of providing and maintaining parking facilities, highways and street improvement schemes, traffic management schemes, highway maintenance, and provision of facilities for public passenger transport services (e.g. concessionary fares). Any surplus from off-street parking (which is excluded from the PA) is not bound by the same restrictions and can therefore be used at the Council’s discretion.

 

A case of free parking was highlighted close to paid for parking at Royal Parade, Chislehurst. But as explained to Members, care was necessary on the effect of any changes to off-street parking charges and to ensure that on-street parking provision does not block traffic along a street (at the location or as a result of motorists parking further away at free locations to avoid charges). It was necessary to be mindful of any knock on effect from parking charges at a location. On occasions, charges can reduce during the day to encourage commuters. However, there will always be locations where paid for parking ends and free parking starts. 

 

On risks associated with the waste budget, a suggestion was made that green bins (bottles, cans and plastic) are supplied with a sticker to provide clarity on materials for the bin. A number of people might appreciate stickers that are easy to see and contamination would be avoided from materials such as polystyrene in the bins. As a new contract will start next April, it was explained there might be some slight changes going forward. Collection arrangements for recyclables are also publicised regularly. It was preferable to hold off introducing changes at this stage, at least until the start of the new contract and the opportunity would be taken to remind residents on materials for each bin. New bin stickers might also be costly for residents and a number of measures are already in place to manage the process. Additionally,  ...  view the full minutes text for item 10.

11.

FORWARD WORK PROGRAMME & MATTERS ARISING pdf icon PDF 88 KB

Minutes:

Report ES18034

 

Members considered the Committee’s 2018/19 work programme and noted progress on a request made at a previous meeting.

 

It was possible that consideration of the report on the Environmental Services Contract Award might need to be moved to the 20th November meeting. Should this be the case the Chairman asked for an update at the 10th October meeting.

 

A Member also raised a matter on the use of pesticides in the borough and their use by Council contractors. In view of the range of chemical/biological substances included as pesticides (e.g. herbicides, insecticides etc.) the Member sought information on the use of any pesticide as a chemical agent. The Executive Director suggested that that the issue related more to any use of herbicides and officers would provide information on the methodology used by contractors to treat weeds.

 

RESOLVED that:

 

(1)  the Committee’s 2018/19 Forward Work Programme be agreed; and

 

(2) progress related to a previous Committee request (Appendix 2 to Report ES18034) be noted.

 

12.

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.

13.

EXEMPT MINUTES OF THE SPECIAL ENVIRONMENT PDS COMMITTEE MEETING HELD ON 19TH APRIL 2018

Minutes:

The exempt (Part 2) minutes were agreed.

 

14.

CONTRACT REGISTER

Minutes:

Members considered a Part 2 £50k+ Contracts Register extract (for the Environment Portfolio) which included commentary on most of the contracts listed.

 

Appendix A pdf icon PDF 87 KB

Additional documents:

 

Original Text: