Agenda and decisions

Cabinet - Monday, 12th July, 2021 6.30 pm

Venue: Council Chamber, Town Hall, Katharine Street, CR0 1NX. To view the meeting webcast, please click here

Contact: Victoria Lower
020 8726 6000 x14773  Email: 
victoria.lower@croydon.gov.uk

Items
No. Item

2.

Minutes of previous meetings pdf icon PDF 332 KB

To approve the minutes of the meetings held on 17 May 2021 and 7 June 2021 as accurate records.

Additional documents:

3.

Disclosure of Interests

In accordance with the Council’s Code of Conduct and the statutory provisions of the Localism Act, Members and co-opted Members of the Council are reminded that it is a requirement to register disclosable pecuniary interests (DPIs) and gifts and hospitality to the value of which exceeds £50 or multiple gifts and/or instances of hospitality with a cumulative value of £50 or more when received from a single donor within a rolling twelve month period. In addition, Members and co-opted Members are reminded that unless their disclosable pecuniary interest is registered on the register of interests or is the subject of a pending notification to the Monitoring Officer, they are required to disclose those disclosable pecuniary interests at the meeting. This should be done by completing the Disclosure of Interest form and handing it to the Democratic Services representative at the start of the meeting. The Chair will then invite Members to make their disclosure orally at the commencement of Agenda item 3. Completed disclosure forms will be provided to the Monitoring Officer for inclusion on the Register of Members’ Interests.

4.

Urgent Business (If any)

To receive notice of any business not on the agenda which in the opinion of the Chair, by reason of special circumstances, be considered as a matter of urgency.

5.

Ongoing Review of Brick by Brick Croydon Ltd and the future of the company pdf icon PDF 749 KB

Cabinet Member: Leader of the Council, Councillor Hamida Ali

Officer: Interim Chief Executive, Katherine Kerswell and Interim Director of Finance, Investment & Risk and Section 151 Officer, Chris Buss

Key decision: yes

Additional documents:

Decision:

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

 

Cabinet RESOLVED (acting, where relevant, on behalf of the Council exercising its functions as sole shareholder of Brick by Brick Croydon Ltd) to:

 

1.           Reject the offer for the purchase of Brick by Brick (Croydon) Ltd.

 

2.           Agree that a modified build out scenario of 23 sites will be implemented and to note that in order to deliver that, Brick by Brick will require additional management and technical support, the costs of which are factored into the costs shown in this report and as further consequence of this decision that Brick by Brick will return 5 sites to the Council on the basis that they will be marketed for sale (and on the basis that site ownership will either remain with Brick by Brick or transfer to the Council, whichever is most efficient for maximizing value or the efficiency of the sale process). The remaining site of Belgrave and Grosvenor to be deferred pending the completion of the stock survey being undertaken in adjoining council buildings and to be brought to a future Cabinet meeting for final consideration.

 

3.           Agree that the decisions made under this Report shall take effect as amendments to the current Business Plan of Brick by Brick (and as a shareholder decision under the Articles of the company). In addition, and also as shareholder, the Council will require Brick by Brick to issue monthly reports to the Council to update on its financial position, progress with development of sites, sales, any key contractual issues and any other relevant matter (as needed). Such reports are to be presented to the Cabinet on a quarterly basis.

 

4.           Confirm that, in accordance with the February Cabinet report, sales receipts may continue to be recycled by Brick by Brick and agree that the S151 Officer, in consultation with the Chief Executive and Monitoring Officer be given authority to approve those ad-hoc sales receipt recycling requests from Brick by Brick, up to a total amount of £5m in any one transaction and following the terms of the consolidated loan agreement, reporting on a quarterly basis to Cabinet.

 

5.           Delegate authority to the Section 151 Officer, in consultation with the Chief Executive and Monitoring Officer, to make any necessary formal shareholder resolutions in order to give effect to the above recommendations and to authorise the entering into any of the necessary formal legal documentation that arise as a consequence (including (i) to confirm the appointment of consultants to provide the necessary additional management and technical support, and (ii) in respect of the sale of the 6 sites, as are referred to in recommendation 2).

 

6.           Delegate authority to the Section 151 Officer, in consultation with the Chief Executive and Monitoring Officer, to vary the loan agreement in respect of the sites returned to the Council sites (subject to SDLT and various other tax advice) and with any such modifications being reported in the quarterly  ...  view the full decision text for item 5.

6.

Financial Performance Report - Outturn 2020/1 pdf icon PDF 943 KB

Cabinet Member: Cabinet Member for Croydon Renewal, Councillor Stuart King and Cabinet Member for Resources & Financial Governance, Councillor Callton Young

Officer: Interim Director of Finance, Investment & Risk and Section 151 Officer, Chris Buss

Key decision: no

Additional documents:

Decision:

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

 

RESOLVED: To

 

1.                Note the draft outturn for the General Fund for 2020/21 being £65.8m over approved budget, which is a £1.4m improvement on the Period 11 position previously reported to Cabinet on 7th June;

 

2.                Note the forecast level of closing General Fund general reserves as £27.5m - after taking into account likely adjustments to the levels brought forward as part of the work to finalise the 2019/20 accounts audit process, and which is in line with the assumptions set out in the approved 2021/22 Budget and Medium Term Financial Strategy of March 2021;

 

3.                Note the forecast outturn and level of HRA balances carried forward;

 

4.                Note the draft General Fund capital outturn position for 2020/21;

 

5.                Note the draft HRA capital outturn position for 2020/21; and

 

6.                Approve the roll-forward of capital underspends into the 2021/22 Capital Programme for both the General Fund and HRA as set out in Tables 4 and 5.

 

7.

Croydon's General Fund Medium Term Financial Strategy (MTFS) Update pdf icon PDF 629 KB

Cabinet Member: Leader of the Council, Councillor Hamida Ali, Cabinet Member for Croydon Renewal, Councillor Stuart King and Cabinet Member for Resources & Financial Governance, Councillor Callton Young

Officer: Interim Director of Finance, Investment & Risk and Section 151 Officer, Chris Buss

Key decision: no

Decision:

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

 

RESOLVED: To

 

1.               Note the unaudited closing reserve balance for 2020/21 being brought forward to 2021/22.

 

2.               Notes that this report now includes a projection for Budget Position in 2024/25 and also notes Budget Gap for Financial Years 2022/23 to 2024/25.

 

3.               Notes that the Council will not receive any confirmation from MHCLG on its £25m request for Capitalisation Direction for 2022/23 until later in this financial year. The budget gap without any capitalisation direction stands at £63.27m for 2022/23 assuming that proposed savings agreed in March 2021 are agreed of £24million

 

4.               Note that the Budget for 2022/23 to 2024/25 is projected based on Council Tax growth being 1.99% for general increase and 2% growth in the Council Tax Base. No increases in Business Rate growth assumed. 

 

5.               Note that a further Budget Update report will be brought to Cabinet in November 2021.

 

8.

Housing Ombudsman Self-Assessment and Complaint Handling Failure Order pdf icon PDF 133 KB

Cabinet Member: Cabinet Member for Homes, Councillor Patricia Hay-Justice

Officer: Interim Director of Finance, Investment & Risk, Chris Buss

Key decision: no

Additional documents:

Decision:

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

 

RESOLVED: To approve the contents of the Housing Complaints Self Assessment, as per Appendix 1 of the report, in order for the assessment to be publicised on the Local Authority website.

 

9.

Scrutiny Stage 1: Recommendations from Scrutiny pdf icon PDF 212 KB

Lead Member: Chair of Scrutiny & Overview Committee, Councillor Sean Fitzsimons

Officer: Interim Executive Director of Resources, Asmat Hussain

Key decision: no

Additional documents:

Decision:

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

 

RESOLVED: To receive the recommendations arising from meeting of the Scrutiny & Overview Committee held on 27 May 2021 and to provide a substantive response within two months (i.e. at the next available Cabinet meeting on 16 August 2021.

10.

Scrutiny Stage 2: Responses to recommendations from Scrutiny pdf icon PDF 211 KB

Cabinet Member: All Cabinet Members

Officer: Interim Executive Director of Resources, Asmat Hussain

Key decision: no

Additional documents:

Decision:

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

 

RESOLVED: To approve the response and action plans attached to the report at Appendix A and that these be reported to the Scrutiny and Overview Committee or relevant Sub-Committees.

11.

Investing in our Borough pdf icon PDF 156 KB

Cabinet Member: Cabinet Member for Resources & Financial Governance, Councillor Callton Young

Officer: Interim Executive Director of Resources, Asmat Hussain

Key decision: no

Additional documents:

Decision:

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

 

RESOLVED: To note

 

1.     The request for approval of the Substance Misuse Contract Award as set out at agenda item 11a and section 5.1.1 of the report.

 

2.     The request for approval of the Arboricultural Services Contract Variation as set out at agenda item 11b and section 5.1.1 of the report.

 

3.     The request for approval of the Public Health Nursing Contract Award as set out at agenda item 11c, and section 5.2.1 of the report;

 

4.     The contracts between £500,000 and £5,000,000 anticipated to be awarded under delegated authority from the Leader by the nominated Cabinet Member, in consultation with the Cabinet Member for Resources and Financial Governance and with the Leader in certain circumstances, before the next meeting of Cabinet, as set out in section 5.3.1 of the report.

 

5.     The list of delegated award decisions made by the Director of Commissioning and Procurement since the last meeting of Cabinet, as set out in section 5.3.2 of the report.

 

6.     Property lettings, acquisitions and disposals to be agreed by the Cabinet Member for Resources and Financial Governance in consultation with the Leader since the last meeting of Cabinet, as set out in section 5.4.1 of the report.

11a

Integrated Drug & Alcohol Treatment Service pdf icon PDF 344 KB

Cabinet Member: Cabinet Member for Families, Health & Social Care, Councillor Janet Campbell and Cabinet Member for Resources & Financial Governance, Councillor Callton Young

Officer: Director of Public Health, Rachel Flowers

Key decision: yes

Decision:

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

 

RESOLVED: To

 

1.     Approve the award in accordance with Regulation 28.4(c) of the Council’s Contracts and Tenders Regulations for the Integrated Drug and Alcohol Treatment Service for Adults and Young People to the Supplier(identified in Part B of this report) for a contract term of 5 years for a maximum contract value stated in the part B report.

 

2.     Note that the contract award includes the provision for delivery of services (additional to core services) which are funded by the time-limited grants from the Mayor’s Office for Policing and Crime (MOPAC) and the Ministry of Housing, Communities and Local Government (MHCLG) referred to in the Financial Impact section of the report.

 

11b

Arboricultural Services Contract Variation pdf icon PDF 503 KB

Cabinet Member: Cabinet Member for Sustainable Croydon, Councillor Muhammad Ali

Officer: Interim Executive Director of Place, Sarah Hayward

Key decision: no

Decision:

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

 

RESOLVED: To the extension by way of variation of the contract for Specialist Arboricultural works with City Suburban Tree Surgeons Limited for nine (9) months from 1st April 2021 to 31st December 2021 at a value of £400,000 (maximum contract value, including this proposed extension will be £9,221,369).

11c

Section 75 Partnership Agreement for Public Health Nursing pdf icon PDF 747 KB

Cabinet Member: Cabinet Member for Children, Young People & Learning, Councillor Alisa Flemming

Officer: Director of Public Health, Rachel Flowers

Key decision: yes

                      

Decision:

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

 

RESOLVED: To approve entering into a Section 75 Agreement in accordance with Regulation 28.4(c) of the Council’s Contracts and Tenders Regulations for Public Health Nursing to Croydon Health Services NHS Trust (CHS) for an initial term of 2 years commencing 1 August 2021 with an extension period of 1 year for a maximum agreement value of £6.107m per year, plus inflationary costs, plus additional investment of £350k from year 2.

12.

Exclusion of the Press and Public

The following motion is to be moved and seconded where it is proposed to exclude the press and public from the remainder of a meeting:

 

“That, under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information falling within those paragraphs indicated in Part 1 of Schedule 12A of the Local Government Act 1972, as amended.”

13.

Ongoing Review of Brick by Brick Croydon Ltd and the future of the company

Cabinet Member: Leader of the Council, Councillor Hamida Ali

Officer: Interim Chief Executive, Katherine Kerswell and Interim Director of Finance, Investment & Risk and Section 151 Officer, Chris Buss

Key decision: yes

Additional documents:

Decision:

The decisions were taken with Part A of the meeting and are set out at minute number 99/21.

14.

Integrated Drug & Alcohol Treatment Service

Cabinet Member: Cabinet Member for Families, Health & Social Care, Councillor Janet Campbell and Cabinet Member for Resources & Financial Governance, Councillor Callton Young

Officer: Director of Public Health, Rachel Flowers

Key decision: yes

Decision:

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

 

RESOLVED: To

 

1.     Approve the award in accordance with Regulation 28.4(c) of the Council’s Contracts and Tenders Regulations for the Integrated Drug and Alcohol Treatment Service for Adults and Young People to the Supplier(identified in Part B of this report) for a contract term of 5 years for a maximum contract value stated in the part B report.

 

2.     Note that the contract award includes the provision for delivery of services (additional to core services) which are funded by the time-limited grants from the Mayor’s Office for Policing and Crime (MOPAC) and the Ministry of Housing, Communities and Local Government (MHCLG) referred to in the Financial Impact section of the report.