Agenda, decisions and minutes

Corporate and Resources Committee
Tuesday 13 July 2021 7:30 pm

You can view the individual reports for this meeting by selecting the headings from the numbered list of items at the bottom of this page. Alternatively you can view the entire agenda by selecting 'Agenda Reports Pack' below.

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Venue: Guildhall, Kingston upon Thames. View directions

Contact: Fiona Cotter, Email: Fiona.cotter@kingston.gov.uk  Tel: 020 8547 4607

Items
No. Item

1.

Public Question Time

A period of up to 30 minutes during which any resident of the Borough or representative of organisations within the Borough (other than members of the Council) may ask a question on matters relevant to the Committee.

 

Questions must be submitted in writing to democratic.services@kingston.gov.uk by 10am on the day prior to the meeting (12 July 2021)

 

Minutes:

No questions had been submitted by members of the public.

2.

Petitions

To receive completed petitions which have not already been submitted electronically or in hard copy by councillors or members of the public who live, work or study in the Borough.

 

The petition must contain at least 20 signatures & notice of intention to submit the petition must be given in writing to democratic.services@kingston.gov.uk by no later than the last working day prior to the meeting (12 July 2021).

Minutes:

No petitions were submitted.

3.

Apologies for Absence and Attendance of Substitute Members

Minutes:

Apologies for absence were received from Councillors Rowena Bass, Kevin Davis, Denis Goodship and Sharon Young. Councillors Roy Arora, Jason Hughes were in attendance as substitutes for Councillors Bass and Davis and Councillor Sam Foulder-Hughes was in attendance as substitute for Councillor Sharon Young.

4.

Declarations of Interest

Members of the Committee are invited to declare any disclosable pecuniary interests and/or any personal interests relevant to items on the Agenda.

Minutes:

As one of the Council’s representatives on the Cambridge Road Estate Joint Venture company, although Councillor Dunstone did not consider she had any conflict of interest, out of an abundance of caution, and in the interests of transparency, Councillor Dunstone withdrew from the debate and voting on item 10 on the Agenda (Cambridge Road Estate – Appropriation)

5.

Year End Corporate Plan and Key Performance Indicators pdf icon PDF 87 KB

To update Members on progress on delivering the Corporate Plan, report on the Corporate Plan Key Performance Indicators and to update members on changes to corporate plan priorities and corporate Key Performance Indicators.

Additional documents:

Decision:

RESOLVED that:

 

1)    the revised Corporate Plan deliverables and Key Performance Indicators set out in paragraphs 5 to 8 of the report be endorsed;

 

2)    the progress made against delivering the Corporate Plan actions summarised in paragraph 9 of the report be noted;

 

3)    the progress report arising from the LGA Peer Challenge follow-up visit in May 2021 be noted.

Minutes:

A report was presented to the Committee which updated members on the progress on delivering the Corporate Plan, and reported on the Corporate Plan Key Performance Indicators, including changes to Corporate Plan Priorities and corporate Key Performance Indicators.

 

The Council’s Corporate Plan 2019 - 2023 ‘Making Kingston Better, together’ set out the Council’s medium-term vision, outcomes and priorities and was fundamental in ensuring that the Council managed its business and resources effectively, with activities aligned to achieving the outcomes in the Plan. It was not intended to represent everything the Council did. Rather, it was the framework within which it would operate and within which key decisions around the future of local services and the Council’s budget would be taken.

 

It was noted that the Council had a new strategic priority, to “support the Borough to recover well from the impacts of the pandemic” which comprised 6 6 component actions, and had changed three KPIs due to the data not being available as a result of the pandemic. In addition, the Council had changed one strategic priority, updating the language of its priority in relation equality, diversity and inclusion to reflect the ambition in its renewed strategy.

 

Covid-19 had had an impact on the completion rate of actions. A further 20 actions had been completed this year. 21 updates referred to an impact from Covid-19.

 

In January 2019, the Local Government Association had carried out a Peer Challenge, and had presented the Council with a series of recommendations for improvement. In May 2021, the Peer Challenge team had returned to Kingston, and had engaged with staff, councillors and its partners. The team noted that, since the original review there had been a tangible shift in culture, with the right ‘conditions’ to enable the Council to progress and succeed having been created.

 

RESOLVED that:

 

1)    the revised Corporate Plan deliverables and Key Performance Indicators set out in paragraphs 5 to 8 of the report be endorsed;

 

2)    the progress made against delivering the Corporate Plan actions summarised in paragraph 9 of the report be noted;

 

3)    the progress report arising from the LGA Peer Challenge follow-up visit in May 2021 be noted.

 

Voting:

 

For:                 Councillors Mark Beynon, Tim Cobbett, Lorraine Dunstone, Mark Durrant, Sam Foulder-Hughes, Caroline Kerr, Andreas Kirsch and John Sweeney (8)

Against:         None (0)

Abstain:         Councillors Roy Arora, Ian George, Jason Hughes &                                      Sharon Falchikov-Sumner (4)

 

6.

Equalities and Diversity Inclusion Strategy pdf icon PDF 62 KB

To recommend to the Council the adoption of the new Equalities and Diversity Strategy, “Inclusive Kingston” and, subject to its adoption, agree the next steps in delivering the Strategy.

Additional documents:

Decision:

RESOLVED that:

 

1)    The Equality, Diversity and Inclusion Strategy at Annex 1 be approved;

 

2)    The four objectives within this strategy, as set out in Key Points C, be approved;

 

3)    The proposal to establish a leadership group to deliver on this strategy be approved;

 

4)    The plan to engage with community groups to develop the Operational Delivery Plan be agreed, with authority delegated to the Executive Director of Corporate and Communities to approve the Operational Delivery Plan, which will be kept under annual review.

Minutes:

The Committee received and considered a report which recommended the adoption of a new Equalities, Diversity and Inclusion Strategy, “Inclusive Kingston” for 2021-25 and sought agreement to the next steps delivering on the aims within this strategy.

 

The four key objectives of this Strategy were to:

 

1)    Listen to, and learn from, the diverse communities the Council served;

 

2)    Celebrate the diversity of the Borough and champion its communities, making sure that Kingston is a safe Borough for all;

 

3)    Deliver accessible and inclusive policies and services that met the diverse needs of its communities;

 

4)    Be the best employer for people of all backgrounds

 

RESOLVED that:

 

1)    The Equality, Diversity and Inclusion Strategy at Annex 1 to the report be approved;

 

2)    The four objectives within this strategy be approved;

 

3)    The proposal to establish a leadership group to deliver on this strategy be approved;

 

4)    The plan to engage with community groups to develop the Operational Delivery Plan be agreed, with authority delegated to the Executive Director of Corporate and Communities to approve the Operational Delivery Plan, which will be kept under annual review.

 

Voting:

 

Unanimous

7.

Revenue and Capital Budget Monitoring 2020/21 - Year End Outturn pdf icon PDF 177 KB

To report the revenue and capital outturn positions for 2020/21 including the position on the School’s budget and earmarked reserves.

Additional documents:

Decision:

RESOLVED that:

 

1)    the general fund balanced outturn position for 2020/21 to be noted;

 

2)    the transfer of £4.7m into a Collection Fund Risk Reserve to help mitigate the future economic impact of the pandemic on the Council’s income from Council Tax and business rates to be noted;

 

3)    the general fund (GF) balance at 31 March 2021 of £19.633 million and the position on earmarked reserves of £65.044 million as at 31 March 2021 be noted;

 

4)    the deficit of £67.232 million on the collection fund, of which £21.466 million is the Council’s share, be noted;

 

5)    the 2020/21 outturn position of an overspend of £1.085 million on the Housing Revenue Account (HRA) be noted;

 

6)    the outturn position in respect of the 2020/21 Schools Budget overspend of £5.150 million be noted;

 

7)    The cumulative deficit on the unallocated Dedicated School Grant (DSG) of £12.401m, which is included as part of the Council’s Reserves be noted

 

8)     the capital outturn position for 2020/21 of an underspend of £96.045 million be noted;

 

9)    the capital slippage requests as set out in Annex 1 to the report be approved.

Minutes:

A report was presented to Committee reporting on the final year end outturn position for revenue and capital expenditure for 2020/21, including the position on the Schools budget and earmarked reserves.

 

The 2020/21 budget had been set prior to the onset of the COVID-19 pandemic and therefore did not reflect the financial impacts that COVID had created. Over the course of the financial year, additional General Fund costs and income loss due to COVID during 2020/21 amounted to £19.346m. A further £4.771m had been set aside to allow for losses on the Council’s Collection Fund caused by COVID-19. These costs had been mitigated through a combination of government funding and prudent financial management, including the delivery of in year savings.

 

Government funding had included £7.834m in non-ring fenced COVID grants and £7.621m received in relation to lost Sales, Fees and charges income received from Department of Housing, Communities & Local Government (DHCLG). In addition amounts of £2.563m and £1.809m had been drawn down from reserves, the former being the remainder of the first tranche of non-ring fenced grant that had been received at the end of 2019/20 and the latter being a General Fund COVID Risk Mitigation Reserve that had been set up in 2019/20 and was drawn down in 2020/21. The total of this funding was £18.018m.

 

The General Fund position was a balanced outturn in line with the nil variance forecast reported to the Response and Recovery Committee in March 2021. The main contributors to the outturn position were:

 

·         A reported net overspend by Adult Social Care and Health of £0.513m, the largest variations were in the People with Learning Disabilities (PLD) service which had an underspend of £1.141m and Healthy and Safe Communities (which included Public Health), which was reporting COVID costs of £1.623m.

 

·         A reported overspend by Children’s Services of £1.713m, with the largest elements relating to COVID impacts of £1.028m. The main expenditure pressures from the pandemic in 2021/22 had been an increase in Social Care staffing in Referral and Assessment and Safeguarding, increased provider charges, inability to step down placements, as well as lost revenue from Children and Youth Centre’s as well as ceasing of activities in Albany Park and the Duke of Edinburgh award scheme.

 

·         A £6.613m overspend in Corporate and Communities. The overall cost pressures due to COVID were £9.184m, offset in part by Other Corporate Services reporting an underspend on interest payments (£2.073m) as borrowing had been lower than budgeted mainly in light of COVID related delays to the capital programme. The major COVID impacts had been in lost income from car parking and the leisure centres during lockdowns.

 

·         An overspend of £1.853m in Property services due mainly to COVID related loss of income through rent -free periods, vacant units, deferred income and loss of turnover income.

 

·         Non-ring fenced COVID Government grants totalling £7.833m had been received, along with £7.612m from MHCLG as Compensation for loss of sales, fees and charges. These amounts had been held centrally and offset cost pressures in  ...  view the full minutes text for item 7.

8.

Emergency Decision Making Arrangements pdf icon PDF 61 KB

To review the arrangements for the operation of the Council’s committees and decision-making process in the light of the evolving public health situation.

Additional documents:

Decision:

RECOMMENDATION TO COUNCIL that:

 

The provisions set out below be incorporated in the Council's Procedure Rules for a time limited period expiring at the end of the 2021/22 Municipal Year:

 

i)             the Chief Executive Officer, in consultation with the Monitoring Officer, the Director of Public Health, the Leader of the Council and the Leader of the Opposition, be authorised to make any temporary adjustments to the arrangements for meetings of Council and its Committees as may be required in the interests of public safety where the urgent need arises between meetings of Council; and

 

ii)            Any such adjustments approved under the above delegation which have the effect of temporarily modifying aspects of the Constitution be subject to subsequent review at the next meeting of Council.

 

Minutes:

The Committee received and considered a report which reviewed the arrangements for the operation of the Council’s Committees and decision making process in the light of the evolving public health situation.

 

Late Material had been circulated which highlighted that the recommendations in the published report sought to provide the Chief Executive with delegated authority to make temporary adjustments to the arrangements for meetings of Council and its Committees if it was necessary to respond rapidly and appropriately to any sudden changes in the public health situation over the coming months.

 

It was conceivable that some of these changes might, in certain circumstances, require modification of aspects of the Council's constitutional arrangements. This renewed delegations previously confirmed by Council at intervals during the pandemic. While certain very specific decisions on the form of a local authority's governance, such as whether the Council should operate an Executive or Committee system, could not be delegated by Council, not every decision made in connection with the governance of an authority had to be determined by the full Council. It was therefore lawful to delegate powers to amend aspects of the Constitution. However, for the avoidance of doubt, it was recommended that the delegation proposed within the report be formally incorporated in a new temporary Procedure Rule which would itself form part of the Council's Constitution until the end of the current Municipal Year.

 

RECOMMENDATION TO COUNCIL that:

 

The provisions set out below be incorporated in the Council's Procedure Rules for a time limited period expiring at the end of the 2021/22 Municipal Year:

 

i)             the Chief Executive Officer, in consultation with the Monitoring Officer, the Director of Public Health, the Leader of the Council and the Leader of the Opposition, be authorised to make any temporary adjustments to the arrangements for meetings of Council and its Committees as may be required in the interests of public safety where the urgent need arises between meetings of Council; and

 

ii)            Any such adjustments approved under the above delegation which have the effect of temporarily modifying aspects of the Constitution be subject to subsequent review at the next meeting of Council.

 

Voting:

 

For:                 Councillors Roy Arora, Mark Beynon, Tim Cobbett, Lorraine Dunstone, Mark Durrant, Sam Foulder-Hughes, Jason Hughes, Ian George, Caroline Kerr, Andreas Kirsch and John Sweeney (11)

Against:         Councillor Sharon Falchikov-Sumner (1)

Abstain:         None (0)

 

9.

Scheme of Members Allowances pdf icon PDF 71 KB

To propose a minor adjustment to the provisions within the scheme of Members’ Allowances in respect of care for dependents.

Additional documents:

Decision:

RECOMMENDATION TO COUNCIL that:

 

Paragraph 8 of the Scheme of Members Allowances be amended to permit the payment of Dependants Allowance for travel time of up to 60 minutes in when attending meetings or activities within the Borough.

Minutes:

Members considered a report which proposed a minor adjustment to the provisions within the Scheme of Member Allowances in respect of care for dependants to increase the reimbursable travel time from 30 minutes to 60 minutes when travelling to attend meetings or activities within the Borough.

 

RECOMMENDATION TO COUNCIL that:

 

Paragraph 8 of the Scheme of Members Allowances be amended to permit the payment of Dependants Allowance for travel time of up to 60 minutes in when attending meetings or activities within the Borough.

 

Voting:

 

Unanimous

10.

Cambridge Road Estate - Appropriation pdf icon PDF 116 KB

To seek approval for the appropriation of Council owned land on the Cambridge Road Estate in order to enable the proposed regeneration of the estate to proceed.

Additional documents:

Decision:

RESOLVED that:

 

1)    The areas of land within the Cambridge Road Estate (shown edged red on the plan at Exempt Annex 1) which are owned by the Council are no longer required for the purpose for which they are held (housing purposes), for the reasons provided in paragraphs 38 - 41.

 

2)    the appropriation of this land to planning purposes be approved to facilitate the redevelopment of the Cambridge Road Estate as set out in this paper, pursuant to s122 of the Local Government Act 1972.

 

3)    It authorises the Assistant Director - Property, Development & Investment to appropriate in phases across the estate, including (a) to advertise the proposed appropriation in relation to any areas that comprise open space within the land to be appropriated, (b) to consider any representations made in response, and (c) to decide whether to continue with the appropriation in light of those representations.

 

4)    It authorises the Assistant Director - Property, Development & Investment, for each phase, to apply to the Secretary of State for consent to the appropriation pursuant to s19(2) Housing Act 1985

 

5)    In the event that the Secretary of State’s consent is given, and subject to the completed rehousing of all social tenants on that land, to delegate to the Assistant Director - Property, Development & Investment, in consultation with the S151 Officer, the authority to appropriate the land phase by phase to planning purposes and to settle claims made as a result of engagement with beneficiaries of third party rights

Minutes:

(Councillor Dunstone withdrew from the Chamber at this point and took no part in the debate or vote on this item)

 

(In accordance with Procedural Rule 27 Councillor Olly Wehring was permitted to speak on this item) 

 

Members received and considered a report which sought approval for the appropriation of Council owned land at the Cambridge Road Estate to planning purposes in order to enable the proposed regeneration of the Estate to proceed.

 

Where land was already owned by the Council (which was the case for much of the Estate) there was a need to appropriate that land in order to override third party rights which might prevent the carrying out of the development of the Council’s land subject to the payment of compensation.

 

In line with the redevelopment phases of the CRE regeneration programme, and with approval from the Committee to appropriate Council owned land across the whole of CRE, applications to the Secretary of State for consent to the appropriation would be made for defined sections of land as they were required for redevelopment. It was noted that delegated authority for each appropriation was requested for the Assistant Director - Property, Development and Investment as opposed to the Executive Director of Place, who had responsibility for regeneration. This was to avoid conflict arising concerning CRE matters for the Executive Director of Place as set out in the report to the Response and Recovery Committee of 24 September 2020.

 

Letters to parties affected by appropriation would be sent out. In response to concerns raised at the meeting regarding the school holiday period over which the proposed 28 days to respond fell, it was agreed that this period could be extended for a further period of two weeks. These letters would explain the Council’s plans to appropriate the land and what types of rights it might affect. It would alert individuals to the possibility they might have a right over part of Cambridge Road Estate, asked recipients to confirm their interest in the property and to confirm if they would be willing to release any rights they believed they had, subject to payment of compensation. The letters would contain the Council’s contact details and should individual cases progress to negotiations, individuals would have access to a specialist adviser acting for both parties. Ward councillors would be notified of decisions made on objections and the justification for those decisions.

 

RESOLVED that:

 

1)    The areas of land within the Cambridge Road Estate (shown edged red on the plan at Exempt Annex 1) which are owned by the Council are no longer required for the purpose for which they are held (housing purposes), for the reasons provided in paragraphs 38 - 41.

 

2)    the appropriation of this land to planning purposes be approved to facilitate the redevelopment of the Cambridge Road Estate as set out in this paper, pursuant to s122 of the Local Government Act 1972.

 

3)    the Assistant Director - Property, Development & Investment be authorised to appropriate in phases across the  ...  view the full minutes text for item 10.

11.

Kingston Riverside Workspace pdf icon PDF 100 KB

To set out the commissioning intentions for the maim contract and seek approval for the project grant allocation to be added to the Council’s Capital Programme 2022-24. The report also seeks approval to enter into a 10 year (3 year break) lease with the John Lewis Partnership to enable occupation of affordable workspace enterprise space at ground floor level and the provision of creative and cultural performance arts activity space in the basement undercroft spaces.

Additional documents:

Decision:

RESOLVED that:

 

1)    The proposed procurement strategy as set out in paragraphs 8-13 of this report be noted and that, subject to the successful outcome of the procurement of the main contractor for the Kingston Riverside refurbishment works, a further report will be brought back to Committee in due course to award the contract.

 

2)    The combined external public grant allocation of £2.2M be approved, to be added to the Council’s Capital Programme 2022-24 under the Kingston Riverside Workspace project.

 

3)    Approval be given to enter into Head Leases with John Lewis Partnership across the three areas; the workspace use (in two parts) and the creative performance space (Undercroft) under the terms set out in paragraph 7 of the report.

 

4)    Approval be given to permit the grant of a sub-lease of the Workspace areas based on criteria set out in paragraph 8 of the report and to delegate authority to the Assistant Director for Property, Development and Investment to negotiate and conclude the detailed terms of the Lease.

 

5)    Approval be given to permit the grant of a sub-lease of the Undercroft area to Creative Youth on terms set out in paragraph 9 of the report and to delegate authority to the Assistant Director for Property, Development and Investment to negotiate and conclude the detailed terms of the Lease.

Minutes:

(Councillor Dunstone returned to the Chamber for the remainder of the meeting)

 

The Council had successfully obtained £2.2m of public grant funding from the Government to support the delivery of a Kingston Town Centre recovery programme. The majority of this was to support the Kingston riverside regeneration and enterprise projects which would see the refurbishment and new occupation of 3 vacant units at the John Lewis Partnership (JLP) building in Kingston Town Centre to provide affordable workspace on the ground floor units (former restaurant and nightclub) and a community/arts/performance space, in the basement (Undercroft) area for Creative Youth charity, together with improvements to the public space along the adjacent section of the Thames riverside. This external grant funding was time limited, with all related services and works to be completed by 31 March 2022.

 

The purpose of the report considered by the Committee was to minimise the financial risk to the Council by setting out the commissioning intentions for the main construction works and sought approval for the project grant allocation to be added to the Council’s Capital Programme 2022-24. The report also sought approval for the Council to enter into a 10 year (with landlord breaks on or after 3 years) lease agreement with JLP to enable the occupation of affordable workspace enterprise at ground floor level and the provision of creative and cultural performance arts activity in the basement undercroft spaces, together with approval to grant subleases to the Council's preferred workspace operator and to Creative Youth for the Undercroft project.

 

It was noted that negotiations with the affordable work base provider had been based on a requirement that it could be demonstrated that affordable rents would flow through to sub tenants or those occupying the space.

 

RESOLVED that:

 

1)    The proposed procurement strategy as set out in paragraphs 8-13 of this report be noted and that, subject to the successful outcome of the procurement of the main contractor for the Kingston Riverside refurbishment works, a further report will be brought back to Committee in due course to award the contract.

 

2)    The combined external public grant allocation of £2.2m be approved, to be added to the Council’s Capital Programme 2022-24 under the Kingston Riverside Workspace project.

 

3)    Approval be given to enter into Head Leases with John Lewis Partnership across the three areas; the workspace use (in two parts) and the creative performance space (Undercroft) under the terms set out in paragraph 7 of the report.

 

4)    Approval be given to permit the grant of a sub-lease of the Workspace areas based on criteria set out in paragraph 8 of the report and to delegate authority to the Assistant Director for Property, Development and Investment to negotiate and conclude the detailed terms of the Lease.

 

5)    Approval be given to permit the grant of a sub-lease of the Undercroft area to Creative Youth on terms set out in paragraph 9 of the report and to delegate authority to the Assistant Director for Property,  ...  view the full minutes text for item 11.

12.

Leisure Services Contract - Update pdf icon PDF 116 KB

To update the Committee on the COVID recovery plan for the leisure services provision delivered by the Council’s contractor, Places Leisure, to seek agreement to a package of support for 2021/22 and to agree the commercial settlement that has been reached between the parties in respect of the Kingfisher facility.

Additional documents:

Decision:

RESOLVED that:

 

1)    the final outturn position in respect of the package of financial support and contractual relief to the Council’s Leisure Services Operator for 2020/21, the details of which are set out in the Exempt Annex, be noted;

 

2)    provision of a package of financial support and contractual relief to the Council’s Leisure Services Operator for 2021/22, the details of which are set out in the Exempt Annex, be approved;

 

3)    the commercial settlement agreed between the parties in respect of the removal of the Kingfisher Leisure Centre from the contract, the details of which are set out in the Exempt Annex, be approved;

 

4)    authority to finalise the detail and contractual mechanism in respect of the above matters is delegated to the Executive Director of Corporate and Communities, in consultation with the Portfolio Holder for Business and Leisure and the Portfolio Holder for Finance and Commissioning, subject to the final position remaining within the financial envelope and risk profile set out in the Exempt Annex.

Minutes:

A report updating the Committee on the Covid recovery plan for the leisure services provision delivered by the Council’s contractor Places Leisure, to seek agreement for a package of support for 21/22, and to agree the commercial settlement that has been reached between the parties in respect of the Kingfisher facility was presented to members.

 

In July 2020, the Response and Recovery Committee had received a report which had recommended a package of support for 2020/21 to enable the Borough’s leisure centres managed by Places Leisure to reopen in line with national regulation, Covid-secure requirements and sector best practice. This had been based upon an assumption that there would be a phased recovery over the remaining year, during which the centres would be able to return to normal operations.

 

Over the subsequent months, there were further periods of lockdown during which leisure centres were mandated to close. Accordingly, the recovery had had to restart on multiple occasions and the recovery had not taken the intended trajectory. Services continued to operate with restrictions in place to limit occupancy to ensure the safety of users and staff.

 

Over the past year the Council had been in ongoing discussions with its leisure provider Places Leisure to ensure that it was able to operate effectively within these changing and uncertain circumstances, that it could open facilities swiftly when restrictions had been lifted, and that it was able to ensure the safe operation of the services when able to do so.

 

The report updated on the position for the wider leisure sector and the challenges that continued to face the industry in light of the continued uncertainty and complex operating context. The report also provided an update on the 20/21 outturn compared to the package of financial support that the Response and Recovery Committee approved in July 2020.

 

Given the delayed recovery period, a further package of financial support and contractual relief to its leisure provider for 21/22 was recommended in order to ensure the ongoing viability of the Borough’s valued leisure centres. It was noted that, as at the date of this meeting, although negotiations as to the major issues had concluded, discussions as to the final terms were ongoing and it would therefore be prejudicial for the details of the Council’s proposed package to be in the public domain until all matters have been settled with Places Leisure.

 

Finally, the Council has concluded negotiations with Places Leisure regarding the closure of the Kingfisher leisure centre and the Council’s contractual obligations in respect of the removal of the facility from the contract. Again, although negotiations as to the major issues had been concluded, discussions as to the final terms were ongoing and it would therefore be prejudicial for the details of the Council’s proposed package to be in the public domain until all matters had been settled with Places Leisure.

 

RESOLVED that:

1)    the final outturn position in respect of the package of financial support and contractual relief to the Council’s Leisure Services  ...  view the full minutes text for item 12.

13.

Exclusion of Press and Public

Minutes:

The Committee RESOLVED to exclude the public from the meeting during consideration of item 13 on the Agenda (Voluntary and Community Sector Contracts Extensions and Variations) under Section 100(A)(4) of the Local Government Act 1972 on the grounds that it is likely that exempt information, as defined in paragraph 3 of Part I of Schedule 12A to the Act, would be disclosed and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

 

14.

Voluntary and Community Sector Contracts Extensions and Variations pdf icon PDF 80 KB

To seek approval to extend and vary the existing arrangements and contracts with the voluntary and community sector (VCS) organisations for a further period to enable co-production of a new VCS commissioning model.

Additional documents:

Decision:

RESOLVED that:

 

The extensions to arrangements with the voluntary and community sector to March 2023, as detailed in the Exempt Annex, be approved.

Minutes:

The Committee received and considered a report which sought approval to extend and vary a range of contractual and commissioning agreements with community led services that were in scope of the VCS review, to enable sufficient time to reflect on the emerging needs during Covid-19 response and beyond. This would also ensure a period of stability for the sector which was focusing on delivering an enhanced or alternative service in response to Covid 19 and was working proactively with the Council to deliver services to those most vulnerable, including contributing to the ‘Kingston Stronger Together’ Hub.

 

Since 2019, the Council had been working with its partners in the Voluntary and Community sector to consider lessons learned from previous commissioning of the sector and to identify the best approach for a new VCS commissioning model when existing arrangements expired. The learning from this engagement had been used to develop the Council's future approach but was paused during Covid-19.

 

The intention was that a Kingston Together Fund would be established to ensure investment in the sector was sustained and to improve partnership working between the Council, the VCS and partners for the benefit of Kingston’s most vulnerable residents. The VCS review was identified as a corporate priority and will result in the establishment of a new commissioning framework to be co-designed with the sector.

 

The expectation was that this would commence in spring 2021 with new arrangements in place by October 2021. However, given the continuing pressures of the Covid-19 pandemic on the Council and its VCS partners, it was prudent to revisit timescales to ensure that both the Council and the sector had the capacity to engage with the recommissioning process.

 

The report highlighted that considering the ongoing support that the VCS provided to the Council’s Covid response, it was critical that these relationships were maintained. The sustainability of the Kingston VCS was vital to the delivery of the services to the most vulnerable in the Borough.

 

It was proposed to extend arrangements with VCS commissioned services to March 2023 with the expectation that partners worked together to develop and transform services to deliver improved outcomes and efficiency during the extension period.

 

RESOLVED that:

 

The extensions to arrangements with the voluntary and community sector to March 2023, as detailed in the Exempt Annex, be approved.

 

Voting:

 

Unanimous

15.

Urgent Items authorised by the Chair pdf icon PDF 87 KB

Decision:

RESOLVED that:

 

1)    the procurement strategy identified within the report to source a contractor to deliver the Burlington School Expansion Programme be approved, which will result in the award of contracts for the Pre-Construction Services Agreement for a period from November 2021 to April 2022 and the Main Constructions Works at a total value of £13.16m for a period from April 2022 to September 2023 (plus 12 months latent defect period).

 

2)    it be noted that, in accordance with the Contract Regulations, the Executive Director of Corporate and Communities will approve the award of Pre-Construction Services Agreement (PCSA) including associated surveys for the school expansion project at an estimated contract sum of £600k.

 

3)    it be noted that, in accordance with the Council’s Contract and Financial Regulations further contract awards valued below £1m might be made relating to the following services, subject to receipt of satisfactory proposals in respect of Time, Cost and Quality: a) Associated Enabling Works Contract; b) Associated provision of Temporary facilities; c) Early orders which may be necessary to secure factory slots;

 

4)    it be noted that the main works contract will be valued in excess of £1m and will be recommended to Committee for approval in due course;

 

5)    it be noted that the totality of contract awards, including the main works contract, will be met from the capital budget allocation for the construction programme of £13.16m.

Minutes:

The Committee received and considered an Urgent Item authorised by the Chair in accordance with the provisions of S100B (4) of the Local Government Act 1972 by reason of special circumstances, namely that approval of the procurement strategy was required before the next scheduled meeting of this Committee to enable practical completion of the project by 28 August 2023 in time for the September 2023 school intake.

 

The project delivered the Council's requirement to ensure sufficient school places were provided under section 14 of the Education Act 1996. In November 2019 the Children’s and Adults’ Care and Education (CACE) Committee had endorsed the statutory proposal to expand the physical capacity of Burlington Junior School from four to five forms of entry. This needed to be effective from September 2023.

 

As a consequence of COVID, throughout the UK there had been a large number of education projects placed on hold or cancelled. In addition, the construction industry was reporting materials price inflation and labour supply concerns. It was therefore considered prudent to enter negotiations with the proposed Framework as soon as possible to ensure the Council obtained sufficient value for money tender returns as the construction market was likely to enter a busy period once previously delayed projects were put back on stream.

 

Undertaking a competitive tender exercise via the proposed public sector approved Southern Construction Framework (SCF) would ensure legal compliance, supply and deliver quality works and services to enable practical completion of the Burlington junior school expansion build by 28 August 2023.

 

The Southern Construction Framework (SCF) had been established in accordance with the Public Contract Regulations 2015; therefore this offered compliance, including with the requirements of the Council’s Contract Regulations. The procurement process was planned to commence during July/August 2021. The potential framework Contractors on the SCF were all able to specialise in the construction of schools and educational buildings.

 

Appointment of the main contractor would be carried out in two stages. A tender resulting in a Pre-Construction Service Agreement (PCSA) contract which was currently estimated at £600k, whereby the appointed contractor would work with the Design Team, followed by a pricing period as part of RIBA Stage 3 and 4 cost plan.

 

RESOLVED that:

 

1)    the procurement strategy identified within the report to source a contractor to deliver the Burlington School Expansion Programme be approved, which will result in the award of contracts for the Pre-Construction Services Agreement for a period from November 2021 to April 2022 and the Main Constructions Works at a total value of £13.16m for a period from April 2022 to September 2023 (plus 12 months latent defect period).

 

2)    it be noted that, in accordance with the Contract Regulations, the Executive Director of Corporate and Communities will approve the award of Pre-Construction Services Agreement (PCSA) including associated surveys for the school expansion project at an estimated contract sum of £600k.

 

3)    it be noted that, in accordance with the Council’s Contract and Financial Regulations further contract awards valued below £1m  ...  view the full minutes text for item 15.