Decisions

1.  That it be noted that the total capital budget for the depot infrastructure works remains at £6.107m within the capital programme; with revenue funding from maintenance budgets now identified to fund the critical repair works at Central Depot Waste Site and Beaverwood Parks Depot referenced in Executive Report ES20109;

2.  That it be noted that the progress of the design development for the two Council Waste Sites, as detailed in the report below;

3.  That Full Council be recommended to approve an additional £3m capital funds from the capital programme to be allocated to the depot infrastructure works, giving a total all-inclusive budget of £9.107m;

4.  Proceeding to procurement for a suitable construction contractor via a restricted or competitive procedure with negotiation procurement process for the main works contract, along with the proposed variation of the Veolia contract as per Paragraph 2.5 below be approved. The combined estimated total construction value of these works is £7.145m, with an additional £715k client contingencydelegated to the Project Manager, Capital Projects to be used as needed making the total estimated value up to £7.860m; and,

5.  The Veolia Waste collection contract be varied to enable them to design and build two new weighbridges on the operational road within Waldo Road Waste Transfer Station section. The construction costs of which will be contained within the above figures.

That BHAL’s application to amend the Permitted User Clause in the Lease be refused and appropriate funds to fight any tribunal case be set aside.

That the report be noted and referred to Full Council.

1.  The information be noted and  the procurement of the Microsoft’s Cloud (Azure) as the Council’s Data Center with disaster recovery and increased resilience of the Data Centre for 5 years be agreed.

2.  An increase in the IT Services revenue budget of £400k be approved to ensure Microsoft Cloud (Azure), Disaster Recovery and Cyber Security functions required are procured and available for the Council.This additional revenue budget requirement represents a forward commitment as part of the 2023/24 and future years budget. There will be part-year costs expected of c. £100k in 2022/23 which will need to be managed from within the existing approved IT Services revenue budget.

3.  The use of the current IT service provider, BT, through the mechanism of the Westminster City Council Pan-London ICT Framework to procure the services detailed in the report be agreed. Where in the opinion of the Director of Corporate Services and Governance a separate procurement is required or desirable, agree to delegate authority to this Director in consultation with the Portfolio Holder, to authorise the use of an alternative procurement route in order to proceed to procurement and award the contract.

1.  The report, including a total re-phasing of £134k from 2022/23 into future years be noted and a revised capital programme be agreed.

2.  The following amendments to the capital programme (paragraph 3.3 of the report) be approved:

(i)  Increase of £3,000k in relation to the budget for depots

(ii)  Increase of £20,970k for additional costs associated with Project Smith, the preferred option for the existing capital budget for the Civic Centre redevelopment scheme

3.  That Council be recommended to approve the increase of £23,970k to the capital programme (paragraph 3.3 of the report).

1.  The latest financial position be considered;

2.  A projected net overspend on services of £9,568k forecast based on information as at July 2022 be noted;

3.  The comments from Chief Officers detailed in Appendix 2 be noted;

4.  A projected reduction to the General Fund balance of £1,478k as detailed in section 3.3 of the report be noted;

5.  The full year cost pressures of £9.369m as detailed in section 3.4 of the report be noted;

6.  The release of funding from the 2022/23 central contingency as detailed in paragraphs 3.2.2 to 3.2.6 of the report be agreed;

7.  The release of £314k from the CEF Health Reserve Fund for expenditure in the CEF department as detailed in para. 3.8 of the report be agreed.

1.  The contract for the provision of the Advocacy services be awarded as detailed in the accompanying Part 2 Report. The proposed contract will commence on 1^st April 2023 for a five-year period with the option to extend for up to a further two years.

2.  Authority be delegated to the Director of Adult Services, in consultation with the Portfolio Holder for Adult Care & Health services, the Assistant Director of Governance & Contracts, the Director of Finance and the Director of Corporate Services and Governance, to vary the contract to meet statutory demands and exercise the extension period for up to two years.

1.  The contract for the provision of supported living services be awarded to the provider detailed in the Part Two report commencing 6 March 2023 for a period of 4 years to 5 March 2027 with an option to extend for a further 4 years from 6 March 2027 to 5 March 2031.  The estimated total cost of the award over the full 8-year term (excluding inflationary increases and fluctuations due to individual client need) is detailed in the Part Two report. 

2.  Authority be delegate to the Director of Adult Services, in consultation with the Portfolio Holder for Adult Care and Health Services, the Assistant Director Governance & Contracts, the Director of Finance and the Director of Corporate Services and Governance, to exercise the 4-year extension period.

1.  The contract for the provision of 34 block bed nights per week at the residential short breaks service at 118 Widmore Road be awarded for a period of 5 years from 1 April 2023 to 31 March 2028 with an extension option of 3 years from 1 April 2028 to 31 March 2031 to the provider and at the contract value as detailed in the Part 2 report. 

2.  Authority be delegate to the Director of Adult Services, in consultation with the Portfolio Holder for Adult Care and Health Services, the Assistant Director Governance & Contracts, the Director of Finance and the Director of Corporate Services and Governance, to exercise the 3-year extension period. 

1.  It be agreed to proceed to formal staff and public consultation on a proposal to close the Council nursery located in Blenheim Children and Family Centre. The proposal would include that the service is decommissioned from 31 March 2023 and that staff currently employed to work at Blenheim Nursery are permanently relocated to the Council nursery at Community Vision, Penge; and,

2.  Authority to implement any proposed closure be delegated to the Director of Education in consultation with the Portfolio Holder for Children, Education and Families, having considered the outcome of the consultation period.

1.  The acceptance of the in-principle allocation of UKSPF grant funding totalling £1.63M, be approved and the capital programme and revenue budgets be adjusted accordingly;

2.  Authority be delegated to the Director of Housing, Planning and Regeneration in consultation with the Portfolio Holder for Renewal and Recreation to determine interventions agreed with Greater London Authority through a grant agreement and any variations to the grant;

3.  The proposed interventions submitted to the Greater London Authority set out in paragraphs 3.6-3.29 be noted; and,

4.  It be noted that the scope of this decision does not include the in-principle allocation of £760K for 2024-2025 for People and Skills which is only accessible through Local London and determined through sub-regional decision-making.

That the report be noted.

1.   A new one-off revenue budget for the Night Time Enterprise Zone project of £130k, funded by GLA grant funding of £130k (Your Bromley match funding will be directly spent by Your Bromley) be approved, noting that this would be accepted and expended on the interventions included in the funding application, as set out in paragraph 3.9

2.  It be noted that he allocated funding must be spent prior to reimbursement by the Greater London Authority

3.  It be noted that this decision is being put before the Executive in accordance with General Exception Rule 15 of the Council’s Access to Information Procedure rules for the following reasons:

i)  The grant award was confirmed on 15 September 2022, however the GLA did not publicly announce the awards until 17^th November 2022, therefore it could not be published on the Council’s Forward Plan 28 days before the decision is made;

ii)  due to the funding timescales, it would be impracticable to defer the decision until it has been included in the forward plan and to wait for the next Executive meeting.

4.  It be noted that in accordance with Rule 15 (b) the Chairman of the Renewal, Recreation and Housing PDS Committee had sight of the report 5 clear days prior to the decision, fulfilling the requirement of Rule 15 (b).

1.  A variation to the current Adult and Young People’s Substance Misuse Services contracts (paragraphs 3.17 and 3.18 of the report) be approved to increase the contract value across both contracts by £120k for the period from 1 December 2022 to 30 November 2023.

2.  The extension be approved beyond term for the current contracts (paragraph 3.19 of the report) for a period of 4 months from 1 December 2023 to 31 March 2024 at an estimated value of £540k.

3.  The commissioning approach be approved and proceed to procurement for a combined Adults and Young People’s Substance Misuse Service (paragraphs 3.20 to 3.25 of the report) for a five year contract commencing 1 April 2024, with the option to extend for a further three years, at an estimated annual value of £1,718k (whole life value £13,744k).

4.  Authority be delegated to Chief Officers in consultation with the Portfolio Holder to authorise an appropriate portion of the Supplemental Substance Misuse Treatment and Recovery (SSMTR) Grant to be drawn down in 2023/24, 2024/25 and to vary the scope and value of the contract accordingly subject to the grant conditions which will be specified by the Office for Health Improvement and Disparities (OHID).

1.  The acceptance of the Lawn Tennis Association Grant be approved, subject to standard Terms and Conditions;

2.  The scheme be added to the capital programme; and,

3.  Officers commence the tender process to procure an operator.

1.  It be noted that the updated proposals for the HWBC on the site of the Adventure Kingdom and that previous proposals as approved by the Executive, Resources and Contracts at its meeting on 9^th February 2022 will not be proceeding.

2.  Approval be given to agree the updated proposals with the ICB for delivery of the project on behalf of the ICB such as design, procurement, terms, management and funding, as set out in sections 3.2 to 3.18 of this report, as necessary to proceed and to approve the intention to continue to work in partnership with the ICB, noting that the ICB continues to provide a cost indemnity for the Council’s costs in respect of the project.

3.  Authority be delegated to the Director of Housing, Planning, Property and Regeneration in consultation with the Director of Finance, the Director of Corporate Services and the Resources, Commissioning and Contract Management Portfolio Holder, to determine and finalise, as detailed in sections 3.2 to 3.18, all necessary commercial terms, financial arrangements and to deal with publicising, if appropriate, any Open Space Notices and considering representations received and reporting to Members as necessary, and prior to or in conjunction with the proposed report at 2.4 below.

4.  Approval be given for proceeding to procurement, via a compliant joint procurement arrangement with the ICB as set out in paragraph 3.12 to 3.16, for the main works contractor for the refurbishment of the HWBC site at an estimated cost of £6,500,000 (with cost indemnity for the works provided by the ICB). Noting that a formal decision on contract award (and associated contract novations) as set out in paragraphs 3.12 to 3.16 will be presented to Executive in due course prior to the commencement of contract.

5.  Authority be delegated to the Assistant Director of Legal Services to enter into all relevant legal agreements as detailed in paragraphs 3.12 to 3.16 of the report and any other necessary ancillary legal documentation relating thereto, including (but not limited to):

·  The project agreement;

·  The Section 2 agreement;

·  Agreement for lease and lease; and

·  Option agreement.

6.  It be noted that the ICB programme envisages construction commencement in June 2023 for completion in March 2024 in order to secure funding. Should there be significant delays to the ICB programme then the Council will need to consider whether it should proceed at that time. 

7.  Officers provide regular updates to Executive, Resources and Contracts PDS Committee on the ICB’s progress with the project.

1.  The commencement of a tender process for the housing support mental health services ‘support@home’ contract be approved:

·  for an initial period of 5 years from 01 October 2024 to 30 September 2029

·  with two options to extend for a further period of 2 years from 01 October 2029 to 30 September 2031 and 1 October 2031 to 30 September 2033

·  at an estimated total contract value of £23.4m; and

2.  Authority be delegated to the Chief Officer in consultation with the Portfolio Holder to approve the contract extension period(s) on satisfactory achievement of the contract performance indicators.

Executive agreed to move in to Part 2.

None

4 written questions answered.

None

Cllr Aisha Cuthbert.

1.  The award of contract for the provision of the Holiday and Saturday Group Based Short Breaks Service be approved as detailed in the accompanying Part 2 Report (Report CEF22067B). The proposed contract to commence on 1 April 2023 for the period of three years plus the option to extend for two periods of up to two years, making a total possible contract period of seven years, ending on 31 March 2030; and,

2.  Authority be delegated to the Director of Children, Education and Families to apply the two two-year contract extensions in consultation with the Portfolio Holder for Children, Education and Families and subject to agreement of the Director for Corporate Services and Governance, the Director of Finance and the Assistant Director: Governance and Contracts as determined by Contract Procedure Rules.

1)  The contents of the report be noted;

2)  The Operational Estate Strategy as detailed at 3.22 to 3.30 of the report be adopted;

3)  Officers progress the various Workstreams identified at 3.34 to 3.43 of the report noting that works packages once scoped and costed will then be reported to the Executive for consideration to proceed and award works packages;

4)  The sums identified within the report are incorporated into the Capital Programme;

5)  The funding of the £3M resources identified at 3.45 of the report be agreed in principle to enable Officers to progress the various Workstreams and such funding to made available from the Capital Programme.

The Portfolio Holder confirmed the traffic and parking policies set out in Section 3 of the Traffic and Road Safety Policies Report

The Portfolio Holder made a First Resolution under s.205(1) of the Highways Act 1980 in respect of the access road to the rear of 75 – 113 Station Road, West Wickham, as follows:

‘The Council do hereby declare that the access road to the rear of 75-113 Station Road, West Wickham is not sewered, levelled, paved, metalled, flagged, channelled, made good and lighted to its satisfaction and therefore resolves to execute street works therein, under the provisions of the Private Street Works Code, as set out in the Highways Act 1980.’

Schedule of Works

From the junction of the access road with Croft Avenue to the north, for a distance of 98.0m to the south, as shown on Drg. No. P2359 PAR-ZZ-XX-DR-C 8100.

The Portfolio Holder approved the proposed layout to which it was proposed that the access road be made-up all as shown on Drg. No. P2359-ZZ-XX-DR-C 8100.

The Portfolio Holder agreed that in this instance, the Council meets all the expenses of the Private Street Works scheme, under the provisions of s.236 of the Highways Act 1980.

The Portfolio Holder approved the proposals to rectify the current situation at the westbound bus stop near Orpington Station when buses change drivers which causes delays to other traffic, utilising grant funding from TfL of £77k.

That any minor changes to the design of this scheme deemed necessary on site are delegated to the Director of Environment and Public Protection, in consultation with the Portfolio Holder and Ward Members.

The Portfolio Holder approved the draft 2023/24 transport improvement programme for submission to TfL for approval of funding.

The Portfolio Holder approved the delegation of any amendments to the programme, once the final allocation is confirmed by TfL, to the Director of Environment & Public Protection in consultation with the Portfolio Holder for Transport, Highways & Road Safety.

That

1.  It be agreed that the terms of the proposal by the preferred purchaser, Prime Developments, are no longer viable and that the previously agreed transaction will not be progressing.

2.  The property is retained as an operational asset for the purpose of continuing to deliver library provision for the local area.

3.  The property is not remarketed, nor any negotiations with past bidders undertaken.

4.  Should the Council undertake any redevelopment of its own assets within the immediate Chislehurst area, then the reprovision of a library in such a scheme would as a matter of course, be considered thus enabling a future freehold disposal or opportunity to self-deliver social housing. Equally, should a similar such opportunity arise on non-Council owned land, that it be considered providing that has not already been explored and discounted during past marketing exercises.

The Environment Portfolio Holder agreed the following:

·  The proposed tariff increases of 20p to all on and off-street parking locations, as set out in section 3 and appendix one.

·  The proposed tariff review timescale being changed to every 2 years as set out in section 3.

·  The proposed tariff charges for The Civic Offices car park as set out in section 4.

·  The proposed changes to The Hill car park as set out in section 5.

·  The proposed evening tariff in Mitre Close as set out in section 6

·  The proposed implementation of tariffs in the existing free on and off-street parking places as detailed in section 7

·  The proposed permit charges as set out in section 8.

·  The proposal to accelerate the removal of all pay and display machines across the Borough as set out in section 9. 

The Portfolio Holder agreed that there would be no changes made with respect of the Sundridge Car Park at this time.