Agenda and minutes

That the minutes of the meeting of the Cabinet held on 14^th October 2013 be confirmed and signed as an accurate record of the proceedings, and that the outstanding actions be noted.

There were no apologies for absence.

If a Councillor has a disclosable pecuniary interest in a particular item, whether or not it is entered in the Authority’s register of interests, or any other significant interest which they consider should be declared in the public interest, they should declare the existence and, unless it is a sensitive interest as defined in the Member Code of Conduct, the nature of the interest at the commencement of the consideration of that item or as soon as it becomes apparent.

At meetings where members of the public are allowed to be in attendance and speak, any Councillor with a disclosable pecuniary interest or other significant interest may also make representations, give evidence or answer questions about the matter.  The Councillor must then withdraw immediately from the meeting before the matter is discussed and any vote taken.

Where Members of the public are not allowed to be in attendance and speak, then the Councillor with a disclosable pecuniary interest should withdraw from the meeting whilst the matter is under consideration. Councillors who have declared other significant interests should also withdraw from the meeting if they consider their continued participation in the matter would not be reasonable in the circumstances and may give rise to a perception of a conflict of interest.

Councillors are not obliged to withdraw from the meeting where a dispensation to that effect has been obtained from the Audit, Pensions and Standards Committee. 

There were no declarations of interest.

That approval be given to the budget virements of £0.289m General Fund and £0.160m HRA as outlined in Appendix 1.

That, subject to available resources, the Council:

a)     implements, where it has yet to do so, the recommendations of the Flooding Scrutiny Task Force report of July 2012 as they relate to water management;

b)     includes the recommendations of this Policy in the ongoing update to the surface water management plan;

c)      develops a highways sustainable drainage policy to set out the context and options available with a cost and delivery time frame;

d)     develops green infrastructure (GI) and sustainable drainage policies (SuDS) in each client department, in order to promote the uptake of GI and SuDS, and considers implementing GI and SuDS in all capital schemes;

e)     requires all capital scheme approvals to consider the implications for flood risk and to assess the costs and benefits of installing sustainable drainage;

f)        undertakes an assessment to determine whether there are any current opportunities for parks and green spaces to include flood risk mitigation measures;

g)     identifies a list of potential integrated water management and sustainable drainage projects for further evaluation and/or implementation across the whole range of Council assets and seeks third-party funding wherever possible to help bring these to fruition;

Cabinet agrees that

i)          The recommendation in the Parks Service Review to align the ground maintenance contract with the RBKC ground maintenance contract end date of 31 March 2021 be agreed.

ii)         Cabinet notes that the Cabinet Member for Housing is in agreement with this approach on the basis that extending the existing contract will enable the Council’s tenants and leaseholders to benefit from continuing improvement in the service delivered, at a reduced cost; and that continuation of the existing combined parks and housing service will assist the Council in achieving its aspirations for achieving a seamless service across all land, ensuring that a high ‘tenure neutral’ standard is achieved which delivers value for money.

iii)        Officers investigate and report back to the Cabinet Member for Residents Services and the Cabinet Member for Housing any further identifiable opportunities for efficiencies through a combined bi-borough ground maintenance contract and/ or possible future efficiencies with the recently market tested housing services contracts.

Cllr Cartwright questioned whether the contract with Serco should be extended now, highlighting the recent departure of the Serco Chief Executive following fraud allegations. The Leader argued that Serco should be judged on their performance fulfilling the existing contract and not on alleged actions by one division. It was also highlighted that the contract was at a break point, and as such the Council’s options were to either continue with the contract with some amendments as proposed, or to break the contract and commence a full market tender exercise. It was argued that the latter option would be expensive and time consuming, and so not in the best interests of the Borough’s residents.

RESOLVED –

That Cabinet agree

i)          That  officers be instructed  to negotiate terms of a possible contract extension, including variations, with Serco as in the report on the exempt part of this agenda.

ii)         That the extension end date be 2021, which would then be co-terminous with the Royal Borough of Kensington and Chelsea contract end date

iii)        That the Leader and the Cabinet Member for Resident Services, in consultation with the Executive Director for Environment, Leisure and Resident Services, approve any revised contractual terms.

iv)        That a further report to be submitted for approval if required.

That Cabinet agree

i)          To vary the contracts with Nubian Life and the Asian Health Agency (Shanti Day Service) which both terminate on 31 March 2014 by extending the contract term to  31 March 2015 with a three month termination clause and  to move the service from a block arrangement to  a personalised budget approach.

ii)         To vary the contract with Notting Hill Housing Trust for Elgin Day Centre which terminates 30 September 2013 by extending the contract term to  31 March 2015 with a three month termination clause and  to move the service from a block arrangement to a personalised budget approach. That a £50,000 saving is sought from the contract extension.

Cllr Cartwright questioned how the Council would be addressing the issues raised in the report, arguing that it showed that the Council had been incompetent. The Leader responded by explaining that the current administration had inherited a flawed arrangement with the ALMO (Arm’s Length Management Organisation) and that there had been manifest incompetence in the management of the scheme, including financial. The Council had not abdicated its responsibilities and had taken back control of the scheme at the first opportunity and took measures to address a building project that was severely over-budget and running behind schedule. It was also noted that the Council would now be keeping the asset and receiving a rental income from it.

RESOLVED –

That the Cabinet agree

i)                    That the rooftop apartments are retained by the Council within the HRA and let at discount market rent (80% of market rent), estimated to be in the region of £243,288 per annum (based on £1,646 per month for each of six 735 sq ft 2 bed flats and £1,733 per month for each of six 1,044 sq ft 2 bed flats). This equates to a Net Present Value (net of management costs) over 30 years of £ 2,936,871.

ii)                  That the letting of the rooftop apartments be carried out by the Home Buy Team initially to applicants on the Home Buy register on a 2-year fixed-term tenancy, and that the management be carried out by the in-house Housing Management service.

That Cabinet agree to

i)                    Implement the amended Pre-Application charging structure as set out in Appendix 1 to this report;

ii)                   Implement the new Householder Planning Package as set out in Appendix 2 to this report;

iii)                 Implement the new Fixed Price Planning Performance Agreements as set out in Appendix 3 to this report; and

iv)                 Charge a reasonable administration fee (initially proposed to be £25) for refunds of fees paid  where the refund is required for reasons not in the Council’s control, and a fee for confirmation of compliance with an enforcement notice (initially proposed to be £100).

The Forward Plan was noted.

The Cabinet is invited to resolve, under Section 100A (4) of the Local Government Act 1972, that the public and press be excluded from the meeting during the consideration of the following items of business, on the grounds that they contain the likely disclosure of exempt information, as defined in paragraph 3of Schedule 12A of the said Act, and that the public interest in maintaining the exemption currently outweighs the public interest in disclosing the information.

That under Section 100A (4) of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of the remaining items of business on the grounds that they contain information relating to the financial or business affairs of a particular person or company (including the authority holding that information) as defined in paragraph 3 of Schedule 12A of the Act, and that the public interest in maintaining the exemption currently outweighs the public interest in disclosing the information.

[The following is a public summary of the exempt information under S.100C (2) of the Local Government Act 1972.  Exempt minutes exist as a separate document.]

That the minutes of the meeting of the Cabinet held on 14^th October 2013be confirmed and signed as an accurate record of the proceedings, and that the outstanding actions be noted.

That the exempt aspects of the report be noted.

That the exempt aspects of the report be noted.

That the exempt report be agreed

That the exempt report be agreed.