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

The Committee considered the following reports on the Part 1 agenda for the meeting of the Executive on 6^th December 2017.

(6)   BUDGET MONITORING 2017/18

Report FSD17088

Members considered the second budget monitoring position for 2017/18 based on expenditure and activity levels up to the end of September 2017.

The Chairman suggested that it would be beneficial for the Committee to review anticipated budget pressures at a future meeting.  In response, the Chief Accountant confirmed that the financial forecast was currently being updated and would be reported in full to the January and February meetings of the Executive.

A Member queried what was meant by “Management Action” as listed on some of the budget lines within the Education, Children and Families Portfolio and the Care Services Portfolio.  The Director of Commissioning explained that action was being taken to deliver savings to reduce overspends however until these savings were delivered they would show as “Management Action”.  The January Budget monitoring position would confirm whether or not the savings had been delivered.

A Member noted that costs of £224k were expected in relation to costs awarded against the Council for planning appeals that had been lost.  The Member queried why the costs were in this year.  In response the Chairman of the Renewal and Recreation PDS Committee reported that there had been a small number of large appeals and that this had been reviewed by the Renewal and Recreation PDS Committee.

Councillor Livett noted that the Travellers’ Budget was overspending by £98k due to a site not having meters and loss of income due to rent arrears.  The Member queried for how long the site had not had meters and whether Travellers were liable to debt collection measure like other residents in the Borough.  The Chairman requested that a response be provided to Councillor Livett following the meeting.

Action Point 10: That a response to Councillor’s queries considering meters at Traveller sites and debt collection be provided following the meeting.

RESOLVED: That the Executive be recommended to:

1.  Consider the latest financial position; 

2.  Note that a projected net overspend on services of £221k is forecast based on information as at September 2017;

3.  Consider the comments from the Deputy Chief Executive and Director of Education, Care and Health Services, the Executive Director of Environment and Community Services and the Director of Corporate Services as detailed in Appendix 2 of the report;

4.  Note a projected variation of £459k credit from investment income as detailed in the report;

5.  Note a projected reduction to the General Fund balance of £271k as detailed in the report;

6.  Agree the release of £559k from the 2017/18 Central Contingency as detailed in the report;

7.  Recommend to Council the transfer of £3.5m from the Central Contingency to the Investment Fund as detailed in the report;

8.  Note the full year costs pressures of £3.3m as detailed the report;

9.  Identify any issues that should be referred to individual Portfolio Holders for further action.

(7)  CAPITAL PROGRAMME MONITORING – 2^ND QUARTER 2017/18

Report FSD17092

The Committee considered a report summarising the current position on capital expenditure and receipts following the 2^nd quarter of 2017/18 and seeking the approval of the Executive to a revised Capital Programme.

A Member queried why in 2019/20, 2020/21, and 2021/22 money was being taken from the General Fund.  The Chief Accountant explained that this was required to be presented in this way to reflect the fact that there were no capital receipts available to finance expenditure. .  In reality alternative options would need to be explored such as options to utilise proceeds from asset disposals or the transfer of existing reserves into a capital fund and that and these options would be explored during the 2018/19 budget process.

RESOLVED: That Executive be recommended to:

1.  Note the report, including a total rephasing of £11,355k from 2017/18 into future years, and agree a revised Capital Programme;

2.  Approve the following amendments to the Capital Programme:

(i) Addition of £362k to Transport for London (TfL) funded Traffic and Highways schemes;

(ii) Addition of £680k relating to the annual revenue contribution to Bromley Mytime Investment Fund;

(iii) Addition of £163k to the Orpington Town Centre - Walnut Centre & New Market infrastructure scheme to reflect funding available from Section 106 receipts;

(iv) Deletion of £8k residual balance on the Central Library/ Churchill Theatre – Chillers and Control scheme which has reached completion;

(v) Note that a report elsewhere on the agenda requests the addition of £75k to the Crystal Palace Park Improvement report.

(8)  COUNCIL TAX SUPPORT/REDUCTION SCHEME 2018/19

The Committee considered a report which advised Members of the results of the public consultation exercise and sought the approval of the Executive for the scheme to be forwarded to Full Council for approval.

A Member suggested that it would be helpful for future reports to reflect information relative to the previous year in order to demonstrate the impact of any changes.

The Chairman noted that the GLA had endorsed the approach being taken by Bromley.  The Chairman further noted that a sensible approach was being taken and that the response from the consultation had demonstrated support for the proposals.

Councillor Angela Wilkins proposed the following amendment to the motion:

“That Care Leavers under 25 be exempted”

The amendment was seconded by Councillor Dunn and put to a vote:

2 in favour

12 against

The amendment was LOST.

The Chairman proposed that the recommendations outlined in the report be supported. The motion was put to the vote:

12 in favour

2 against.

The motion was CARRIED.

RESOLVED: that Executive be recommended to:

1.  consider the responses to the public consultation exercise;

2.  consider the updated Impact assessment at Appendix 1 of the report;

3.  consider that the Council Tax Support/Reduction scheme for 2018/19 retains the calculation of entitlement for working –age claimants on 75% of the households Council Tax liability. Thereby the maximum assistance provided to a claimant of working-age is 75% of his/her Council Tax liability;

4.  consider a variation to the Council Tax Support/Reduction scheme to incorporate the changes that have been made to the Housing Benefit regulations as outlined in the report;

5.  Subject to the outcome of 1 to 4 above, recommend to Council the Council Tax Support/Reduction scheme for 2018/19. 

(10)   THE GENERAL DATA PROTECTION REGULATIONS 2016

  Report CSD17173

The Committee considered a report detailing the significant changes that would be required to ensure that LB Bromley was compliant with the General Data Protection Regulations 2016 (GDPR).  The GDPR would apply in the UK from 25 May 2018 and the Government had confirmed that the UK’s decision to leave the EU would not affect the commencement of the GDPR.

Members expressed concerns surrounding the size of the proposed Information Management Team as it was felt that a proposed team of 4 was excessive for the work that needed to be done.  The Director of Corporate Services explained that while a lot of the work would be completed by departments the Information Management Team would provide much needed support.  The Director of Corporate Services stressed that the consequences of getting the implementation of the GDPR wrong could be severe and there could be a significant risk to the Council if things were to go wrong.  The investment that was being proposed was a relatively modest one to  manage the risk of a possible £1m penalty.  The Director of Corporate Services highlighted that LB Bromley did not have an Information Manager at a senior level and this was a cause for concern.  It was essential that the Council had tight policies in place that were GDPR compliant.  The Director of Corporate Services further highlighted that GDPR could lead to a growth in Subject Access Requests similar to the growth in Freedom of Information Requests that was seen following the implementation of the 2000 Act.  This was because if mistakes were made in the handling of Data, the GDPR gave people a right to compensation.

The Chairman sought confirmation that no Council held data was processed off shore.  As this information was not available at the meeting it was agreed that an update would be provided following the meeting.

Action Point 10a: An update concerning whether any Council held data is held off shore be provided to the Chairman following the meeting.

In light of the comments that had been made by Members, the Chairman suggested that the Executive should be asked to take a sensible approach and phase any funding to ensure that any calls on funding were reasonable and represented value for money.

RESOLVED: That Executive be recommended to:

1.  Note the changes proposed by the GDPR and the work to be undertaken to address them.

2.  Agree a one-off cost of £495k from the under spend in the 2017/18 Central Contingency, in order to progress the works required to enable the Council to become GDPR compliant.

3.  Agree growth of £287k for the two permanent staff, training & system running costs.

4.  To note that an additional member of staff may be required to take on the additional responsibility of a Data Protection Officer (DPO) as required under the Article 37 of the GDPR. A report will be brought back to Members to confirm the allocation of this role.

5.  To agree that a sensible approach should be taken and any funding phased to ensure that calls on funding are reasonable and represent value for money.

(11)  BROMLEY YOUTH EMPLOYMENT SCHEME PROJECT EXTENSION

The Committee considered a report which provided information in relation to the work of the Youth Employment Scheme and seeking funding for the continuation of the project, a scheme to help tackle unemployment in the Borough through supporting the creation of sustainable job opportunities.

Members supported the recommendations but felt that funding for a second year should be secured through the 2018/19 budget process in order to provide the Scheme with stability in the future.

RESOLVED: That Executive be recommended to:

1. Agree the drawdown of £137.5K for one year’s funding of the Youth Employment Support contract; and

2. Consider the second year’s funding as part of the 2018/19 budget process to provide some stability and a longer term commitment to delivering this service.

(15)   DISPOSAL OF OLD TOWN HALL AND SOUTH STREET CAR PARK AND IMPACT ON COVOC CENTRE DEVELOPMENT STRATEGY

  Report DRR17/067

Members considered a report outlining the outcome of the work undertaken by Cushman and Wakefield concerning alternative uses for the Old Town Hall Site and how it could be utilised as part of the Civic Centre Development Strategy.

In response to a question form the Chairman concerning why the property was not being sold with planning permission in order to enhance the value of the property, the Portfolio Holder for Resources highlighted there had already been a considerable investment in the property in order to enhance its value.

Councillor Rutherford, a local ward member, reported that he and his ward colleagues held the view that this prime town centre site should not be used for housing and instead should have a community use.

Councillors Bennett and Mellor advocated the use of the Old Town Hall as a Democratic Hub.  They highlighted that the property was in a principal part of the Borough and had previously served as a Democratic Hub for 60 councillors and a large council staff.  The Portfolio Holder reported that an independent report on the use of the Old Town Hall as a democratic hub had been commissioned.  This had concluded that the building could not be used in this way.  The Portfolio Holder for Resources stressed that the building had been standing empty for too long and there was a clear need to get the building back in use.

Councillor Evans expressed concerns surrounding the time it had taken to implement decisions.  He noted that it had been decided in May 2016 that the Old Palace would no longer be used and queried why, if it was clear that the Old Town Hall could not be utilised, the Council did not revert to its original plan which had been agreed 18 months previous.  The Vice-Chairman concurred with the points made by Councillor Evans and emphasised that the Stockwell building and reception needed to be refurbished.  There now appeared to be a state of confusion over the direction to be taken and the Council could find itself liable for further costs from Cushman and Wakefield.  It was now time for firm plans to be agreed and actioned.

Members expressed concerns that they were being asked to take a decision on scant information.  It was noted that the independent report that had been commissioned had not been circulated to Members.

Action Point 10: That the independent report on the use of the Old Town Hall as a Democratic Hub be circulated to Members.

Councillor Bennett proposed the following motion:

“That Executive be recommended to defer consideration of the item to enable consideration of a full, properly costed report setting out the following options:

Option 1 – Retaining the Old Town Hall as a Democratic Hub

Option 2 – Selling the Civic Centre Site

Option 3 – Repairing the Civic Centre Site

Option 4 – Demolishing Anne Springman, Joseph Lancaster, Adventure Kingdom, the Great Hall, and St Blaise and building a Democratic Hub

Option 5 - Demolishing Anne Springman, Joseph Lancaster, Adventure Kingdom, the Great Hall, and St Blaise and building a Democratic Hub and Conference Centre

Option 6 – Selling the South Street Car Park”

The motion was seconded by Councillor Rutherford and following a vote it was

RESOLVED: That Executive be recommended to defer consideration of the item to enable consideration of a full, properly costed report setting out the following options:

Option 1 – Retaining the Old Town Hall as a Democratic Hub

Option 2 – Selling the Civic Centre Site

Option 3 – Repairing the Civic Centre Site

Option 4 – Demolishing Anne Springman, Joseph Lancaster, Adventure Kingdom, the Great Hall, and St Blaise and building a Democratic Hub

Option 5 - Demolishing Anne Springman, Joseph Lancaster, Adventure Kingdom, the Great Hall, and St Blaise and building a Democratic Hub and Conference Centre

Option 6 – Selling the South Street Car Park