THE LONDON BOROUGH OF CAMDEN
At a meeting of the EXECUTIVE held on WEDNESDAY, 23rd JULY 2008 at
6.30 p.m. in the Council Chamber, Camden Town Hall, Judd Street, London WC1H 9JE
MEMBERS PRESENT
Councillor Keith Moffitt (Chair)
Councillor Martin Davies
Councillor Janet Grauberg
Councillor Mike Greene
Councillor James King
Councillor Andrew Marshall
Councillor Andrew Mennear
Councillor Chris Naylor
Councillor Ralph Scott
Councillor Flick Rea
OTHER MEMBERS PRESENT
Councillor Heather Johnson
The minutes should be read in conjunction with the agenda for the meeting.
MINUTES - PART I
1. APOLOGIES
There were none.
2. DECLARATIONS BY MEMBERS OF PERSONAL AND PREJUDICIAL INTERESTS IN RESPECT OF ITEMS ON THIS AGENDA
Councillors Keith Moffitt and Flick Rea declared personal but non-prejudicial interests in respect of item 23 ‘Community Buildings Service Provision’ as they had both been Members of the West Hampstead Community Association. Councillor Keith Moffitt informed the meeting that following legal advice he would vacate the Chair for this item, but would take part in the proceedings for this item.
Councillor Keith Moffitt informed the meeting that he would take the deputations surrounding both items 11 and 12 together he would then allow Executive Members to question the deputations. Once that part of the proceedings had been concluded he would then here the last deputation relating to item 15.
Deputations were received and noted the following items
Item 11 Building Schools For The Future – Decisions On School Organisation Proposals
1. Deputation from David Styan, Parent Governor Argyle Primary School, a copy of the statement is attached as APPENDIX A
Item 12 Frank Barnes School
1. Deputation from Stephen Phillips, Chair of Governors of Frank Barnes School, a copy of the statement is attached as APPENDIX C.
2. Deputation from Cavendish Elithorn Vice-chair, Edith Neville Governing Body, a copy of the statement is attached as APPENDIX D.
A number of parents also handed over a petition signed by approximately 2170 people supporting the views expressed by Edith Neville’s Governing body.
Item 15 2012/13 Housing Capital Programme And Resources For “Investing In Camden’s Homes”
Deputation from Petra Dando, CASP, a copy of the statement is attached as APPENDIX F.
4. ANNOUNCEMENTS
Item 23 “Community Buildings Service Provision” would be taken at item 5
5. MINUTES
RESOLVED -
THAT the Part I minutes held on 25th June 2008 be approved and signed as a correct record.
6. NOTIFICATION OF ANY ITEMS OF BUSINESS THAT THE CHAIR DECIDES TO TAKE AS URGENT
There were none.
7. MATTERS REFERRED FROM A COUNCIL SCRUTINY COMMITTEE
A reference from the Children, Schools and Families Scrutiny Committee regarding Frank Barnes School was submitted as APPENDIX G. It was agreed that the reference would be considered at that item.
8. TREASURY MANAGEMENT ANNUAL REPORT (FIN/2008/13)
Consideration was given to a report of the Director of Finance.
RESOLVED –
(i) THAT the Treasury Management Annual report that describes performance against the Treasury Strategy be received and noted;
(ii) THAT the Council be recommended to approve;
(a) an increase in individual investment limits to high rated banks from £25m to £30m
(b) an increase in the limit of long term investments from £120m to £200m
(iii) THAT authority be delegated to the Director of Finance to negotiate and enter into an operating lease agreement facility in respect of vehicles and equipment to March 2010
ACTION BY: Director of Finance.
REASONS
For the reasons set out in the report.
9. STRATEGIC REVIEW & MEDIUM TERM FINANCIAL STRATEGY 2009/10 – 2011/12 (FIN/2008/12)
Consideration was given to a report of the Director of Finance.
RESOLVED –
(i) THAT the report be noted;
(ii) THAT the position with regard the 2007/08 Revenue, Housing Revenue Account and Capital outturn be noted and the proposed utilisation of part of the underspend, as set out in paragraphs 3.4. and 9.5 of the report be agreed, in line with Financial Standing Order 5 (g);
(iii) THAT the Annual Efficiency Statement for 2007/08 be approved (Appendix 1b);
(iv) THAT the 2007/08 Capital outturn as shown in Table 2 and the reasons for the variances between budget and actual as shown in Appendix 4 be noted;
(v) THAT the funding for new capital allocations as set out in para 3.4 (Table 2) be approved;
(vi) THAT the increase in the size of the Capital Programme as shown in Table 5 be noted;
(vii) THAT the approach taken in closing the 2007/08 accounts in relation to provision for the repayment of the principal sum of loans entered into to support capital spending be noted and referred to Council for approval;
(viii) THAT the policy on Reserves and Balances (Appendix 3), and the current levels of Reserves and Balances be approved;
(ix) THAT the position regarding the projected 2008/09 spend against budget (section 6) be noted; and
(x) THAT the budget strategy for setting the Council’s budget for 2009/10 and 2010/11 as set out in this report be approved and officers be instructed to prepare proposals to close the remaining budget gap and report back to the Executive on progress later in the year.
ACTION BY: Director of Finance.
REASONS
For the reasons set out in the report.
10. ENVIRONMENTAL SUSTAINABILITY DELIVERY PLAN AND CAMDEN WASTE STRATEGY REVIEW (CENV/2008/75)
Consideration was given to a report of the Director of Culture and Environment.
ACTION BY: Director of Housing and Adult Social Care.
Executive Members welcomed the report and thanked the Councillor Alexis Rowell, the Task Force, and officers for their work on this matter.
RESOLVED –
(i) THAT the environmental sustainability delivery plan - Delivering a Sustainable Camden - contained in appendix 1 be approved.
(ii) THAT the work undertaken to date under Camden’s Waste Strategy 2007 – 2010 (see table 3 in Section 3 of the cover report) be noted.
(iii) THAT Camden’s Waste Strategy 2007-2010 (1st Revision 2008) contained in appendix 2 be approved.
ACTION BY: Director of Culture and Environment.
REASONS
For the reasons set out in the report.
11. BUILDING SCHOOLS FOR THE FUTURE – DECISIONS ON SCHOOL ORGANISATION PROPOSALS (CSF/2008/21)
Consideration was given to a report of the Director of Children Schools and Families.
As mentioned at item 3 above, two deputations were received and noted in respect of this item from Mr David Styan, Parent Governor Argyle Primary School, a copy of his statement is attached at APPENDIX A, and Kevin Courtney, NUT, a copy of his statement is attached at APPENDIX B.
Councillor Roger Robinson expressed his concerns regarding the proposed increased intake at South Camden Community School and that this could possibly cause to anti-social behaviour. He felt that the local community had not been consulted on this matter and this should now be undertaken by the Council.
Councillor Andrew Mennear in responding to the points made by the deputations and Councillor Roger Robinson, stated that he and Councillor Janet Grauberg and officers were available to meet with parents and governors immediately after this and the Frank Barnes item had been considered, to discuss any concerns that they may have about the proposals.
He stated that £260m had been provided for the Building Schools for the Future programme and the Primary Capital Programme and this was a unique opportunity to make a difference to all pupils and future pupils of Camden’s Schools. These additional resources would help increase intake and therefore enable more Camden residents to gain a place in a Camden secondary school for their children (currently less than 50%).
Regarding having a further secondary school in the south of the borough, several sites had been examined but all had been considered by the Council and determined to be too small, not available or affordable. The proposed site that had been identified by the local community more recently was being examined but appeared to be too small even for a four forms of entry school. This could only be looked at again if the Government were prepared to change its existing stance on the size of new secondary schools.
All Camden’s schools were large schools on small sites. New building and external space designs at South Camden Community School would help take back space into school use. Also the school within schools approach would help establish a sense of community within the expanded school and make the transitions easier for pupils for year 7.
Rebuilding schools would lead to an element of disruption for pupils but he felt that it would be managed effectively to ensure that it was kept to a minimum. He highlighted the academic improvements that were now being achieved at Haverstock School following its recent redevelopment. Haverstock was now a school of choice for parents.
Different approaches were being looked at to manage the increased intake at South Camden Community School. This included the schools within a school approach that would help to create a different ethos amongst the pupils along with having a number of different school entrances. Further consultation would be undertaken with the local community through the pre-planning process which was an innovative way of outlining the details of the scheme and sharing views.
Councillor Keith Moffitt thanked officers for putting forward the report and all those who had taken part in the debate. He stated that this was a major initiative for the Executive and would help take this matter forward.
RESOLVED –
(i) THAT the comments and objections received during the statutory representation period for prescribed alterations at South Camden Community School, Maria Fidelis RC Convent School, Swiss Cottage School, Jack Taylor School be noted;
(ii) THAT conditional approval be given, subject to Camden entering into a funding agreement for any necessary building work with the Department of Children, Schools and Families in connection with the BSF programme by 30th June 2010 in respect of a prescribed alteration regarding South Camden Community School to increase the admission number by a maximum of 60 students per year and enlarge the school premises;
(iii) THAT conditional approval be given, subject to Camden entering into a funding agreement for any necessary building work with the Department of Children, Schools and Families in connection with the BSF programme by 31st March 2011 in respect of a prescribed alteration regarding Maria Fidelis RC Convent School to change the pupil gender from single-sex (girls) to mixed and rebuild the school on the North Gower Street site;
(iv) THAT conditional approval be given, subject to Camden entering into a funding agreement for any necessary building work with the Department of Children, Schools and Families in connection with the BSF programme by 30th June 2010 in respect of a prescribed alteration regarding Swiss Cottage School to expand the school, increase the admission number and alter the upper age limit of the school to provide a new sixth form; and
(v) THAT conditional approval be given, subject to Camden entering into a funding agreement for any necessary building work with the Department of Children, Schools and Families in connection with the BSF programme by 30th June 2010, in respect of a prescribed alteration regarding Jack Taylor School to discontinue the school with effect from 1st February 2012.
ACTION BY: Director of Children, Schools and Families.
REASONS
For the reasons set out in the report.
Consideration was given to a report of the Director of Children Schools and Families.
Also as stated above, a number of parents of Edith Neville School handed over a petition signed by approximately 2170 people, supporting the views expressed by Edith Neville’s Governing body, as attached at APPENDIX H.
As mentioned at item 7 above, a reference was received and noted from the Children, Schools and Families Scrutiny Committee meeting held on 15th July 2008 in respect of this item, as attached at APPENDIX G. The reference was presented by Councillor Heather Johnson, Chair of the Chidren, Schools and Families Scrutiny Committee.
Councillor Anna Stewart stated that both Frank Barnes and Edith Neville schools were both excellent schools that she felt had been led down by the Council. She felt that the high level of opposition to the Council’s proposals showed that the authority should think again and find the right solution for both schools. Resources were available to help undertake better solution for both schools. She felt that the drive to move Frank Barnes School was due to the proposal to build a new secondary school in the borough on the current location of the Frank Barnes School. She also felt that Frank Barnes School should be found a location in Camden.
Councillor Andrew Mennear in responding to the points made by the deputations, the Children, Schools and Families Scrutiny Committee, and Councillor Anna Stewart, reiterated that he, Councillor Janet Grauberg and officers would be available to meet with parents and governors of Frank Barnes and Edith Neville Schools immediately after this item had been considered, to discuss any concerns that they may have about the proposals.
He stated that the issue about the suitability of the current location of Frank Barnes School, had been under consideration by the Council in the spring of 2006, which was before the Building Schools for the Future (BSF) programme had been considered by the authority. Frank Barnes School had problems with a falling school roll, which was due to local parents placing their children in schools where they had contact with hearing children, and when the children left the school after being in a British Sign Language (BSL) only environment, had difficulties in coping in a hearing environment.
Government officials were setting the timeframe for the Building Schools for the Future programme and they had not shifted the timescales, regardless of views being expressed by Government Ministers in public that seem to imply a different set was available.
He reminded the Executive that the Children, Schools and Families Scrutiny Committee had set up a working party to look into finding a location for Frank Barnes School. In addition, the working party had come to the conclusion that there was a need to keep Frank Barnes as a separate school, but be co-located with another Camden school.
In coming to the position of the final proposals officers had looked into a number of different options that had included co-locating with Blanche Neville School along with looking at Torriano and Primrose Hill. In the end these were all ruled out and the proposed solution was the co-location of Frank Barnes School with Edith Neville School.
He stated that Edith Neville School was contacted by officers during the consultation exercise to discuss possible proposals, but this offer had not been taken up. Since these proposals had been suggested the Council had tried to have further meetings with parents and governors from the school, but these again had not been taken up.
The Council did have the authority to progress these proposals, as the school was a community school and the Council had overall responsibility for the school and the land the school was built on.
The design proposals would enable the two schools to co-locate and still provide more out-door space, more detail surrounding this would come out through the planning process and the schools would be involved in that process.
The Council was not seeking to impose the use of BSL, there was no requirement that teachers at Edith Neville School would need to learn this language. This was a matter for the governing body of the school. The Council would though ensure that the school was given specialist help if it wished its staff and pupils to learn this language.
The Council also would be making available £10m to bring forward and rebuild the co-located schools. These resources would not be made available so early for Edith Neville School if this proposal was not to go ahead. This is because the current criteria set by the Government gives other schools a higher priority in the Primary Capital Programme.
Without the Frank Barnes School relocation proposals Edith Neville would have to wait up to a further five years for resources to be made available for the rebuilding of the school, putting the money in now as part of these proposals would mean real benefits to pupils and future pupils earlier.
Councillor Keith Moffitt thanked officers for putting forward the report and all those who had taken part in the debate. He stated that the Executive had taken serious consideration of this matter this evening and at other meetings, and he and his colleagues had come to the conclusion that these proposals were in the best interest of both schools in the longer term, and he was very proud to recommend them to the Executive for approval.
(i) THAT approval be given, following completion of the statutory representation period:
a) The prescribed alteration to reduce the pupil places at Frank Barnes School for Deaf Children from 44 to a maximum of 30.
b) To confirm that Frank Barnes school should be co-located with Edith Neville school on the Edith Neville school site.
(ii) THAT the reference from the Children, Schools and Families Scrutiny Committee be noted.
ACTION BY: Director of Children, Schools and Families
REASONS
For the reasons set out in the report.
13. HOMES FOR OLDER PEOPLE – OPTION APPRAISAL AND PROCUREMENT STRATEGY (HASC/2008/16)
Consideration was given to a report of the Director of Housing and Adult Social Care.
The Executive thanked officers for this report.
RESOLVED –
(i) THAT the positive responses and concerns expressed during the consultation be noted;
(ii) THAT approval be given for the management and ownership of the two new care homes and extra care sheltered as set out in option 3.1. Option 3.1 is that the care homes would be owned by the Council but built, run and care provided through an external provider, as set out in paragraphs 3.1, 3.2, 5.1 to 5.6;
(iii) THAT the procurement strategy using the competitive dialogue process as set out in paragraphs 6.3 - 6.11 for the new care homes and extra care sheltered housing be approved;
(iv) THAT the procurement strategy using the restricted process as set out in paragraphs 6.12 – 6.14 for the new Charlie Ratchford Centre be approved; and
ACTION BY: Director of Housing and Adult Social Care.
REASONS
For the reasons set out in the report.
14. DELIVERING WARD-BASED HOUSING MANAGEMENT AND CARETAKING SERVICES (HASC/2008/23)
Consideration was given to a report of the Director of Housing and Adult Social Care.
A copy of the Housing District Management Committees’ views on the proposals were circulated for information, as attached at APPENDIX I.
At this point in the proceedings, which was three hours after the commencement of the meeting, in accordance with Standing Order 19(a) Committee Rules, the Executive agreed to continue sitting until 9.50 p.m.
Councillor James King clarified a concern raised by Councillor Roger Robinson, where he made it clear that the Council would not be reducing the number of Housing District Offices rather it was reducing the number of Housing District Managers from 5 down to 2.
RESOLVED –
(i) THAT the changes to the management structure at the District Housing offices as set out at Section 3 be approved; and
(ii) THAT approval be given to implement the pilot scheme to outsource external cleaning on HRA estates as set out in Section 4 and extend the street cleansing contract with Veolia accordingly.
ACTION BY: Director of Housing and Adult Social Care
REASONS
For the reasons set out in the report.
15. 2012/13 HOUSING CAPITAL PROGRAMME AND RESOURCES FOR “INVESTING IN CAMDEN’S HOMES”(HASC/2008/46)
Consideration was given to a report of the Director of Housing and Adult Social Care.
RESOLVED –
(i) THAT the feedback from resident consultation outlined in section 4 be noted
(ii) THAT the proposed allocation of resources to programme headings set out in Appendix One be approved.
(iii) THAT the addition of £36.85m to the housing capital programme be approved.
ACTION BY: Director of Housing and Adult Social Care.
REASONS
For the reasons set out in the report.
16. ANNUAL PROCUREMENT REPORT AND REVIEW OF THE CORPORATE PROCUREMENT STRATEGY (FIN/2008/20)
Consideration was given to a report of the Director of Finance.
RESOLVED –
(i) THAT the report be approved and noted.
(ii) THAT the General Purposes Committee and thereafter Council be recommended to approve the amendments to Contract Standing Orders in Appendix A and other consequential amendments to the Constitution to reflect the decision making role of Executive Members are approved and that the Head of Legal Services is authorised to make all necessary changes and publish a revised constitution; and
(iii) THAT approval be given for the Head of Legal Services in consultation with the Head of Corporate Efficiency and Procurement, in anticipation of the decision of Council, prepare ready for publication a revised Procurement Code of Practice reflecting and illuminating the proposed changes to Contract Standing Orders
ACTION BY: Director of Finance.
REASONS
For the reasons set out in the report.
17. CORPORATE ASSET MANAGEMENT PLAN AND CAPITAL STRATEGY (FIN/2008/20)
Consideration was given to a report of the Director of Finance.
This item was considered as item 10 at the meeting.
RESOLVED –
THAT the contents of this report be noted and the capital strategy and corporate asset management plan for 2008 be endorsed.
ACTION BY: Director of Finance.
REASONS
For the reasons set out in the report.
18. PROCUREMENT OF THE COUNCIL’S WASTE, RECYCLING AND STREET CLEANING CONTRACT 2010 - 2017 (CENV/2008/81)
Consideration was given to a report of the Director of Culture and Environment.
RESOLVED –
(i) THAT approval be given to the 12 month extension to the Parks and Open Spaces Grounds Maintenance Contract with Glendale Managed Services Ltd from 1 April 2009 to 31 March 2010 inclusive in the sum of £1,770,660 plus RPI; and
(ii) THAT the procurement programme to retender both the Waste and the Grounds Maintenance contracts (including an option for housing estates cleansing) either as a combined contract or separate contracts with a start date of 1 April 2010, concurrently with Director of Culture and Environment evaluating the benefits of the waste contract extension option be approved.
ACTION BY: Director of Culture and Environment.
REASONS
For the reasons set out in the report.
Consideration was given to a report of the Director of Culture and Environment.
RESOLVED –
THAT the proposed contract award strategy for the award of the Highway Works Contract 2009-2013 be approved.
ACTION BY: Director of Culture and Environment.
REASONS
For the reasons set out in the report.
Consideration was given to a report of the Director of Children, Schools and
Families.
RESOLVED –
(i) THAT approval be given to a waiver of Contract Standing Order 7.2 for the allocation of Adult Learning contracts covering the academic years commencing September 2008 to 2009 to Westminster Kingsway College and City Literary Institute.
(ii) THAT approval be given to delegate authority to the relevant Chief Officer to grant further waivers in respect of contracts for the academic years 2009/10 and 2010/11 to Westminster Kingsway College, City Literary Institute and the Working Men’s College (if applicable) after a careful review of their performance during the previous year of their contracts and the market conditions at the time.
ACTION BY: Director of Children, Schools and Families.
REASONS
For the reasons set out in the report.
Consideration was given to a report of the Director of Housing and Adult Social
Care.
Officers agreed to provide Councillor Flick Rea with information regarding whether the issue of accessibility to the building had been resolved.
ACTION BY: Director of Housing and Adult Social Care.
RESOLVED –
(i) THAT approval be given to vary the supported housing learning disability (autism) service contract, to enable Outward to provide a specialist service at Ellen Terry Court, in accordance with contract standing order (CSO)10.2;
(ii) THAT approval be given to the completion of negotiations with Outward within budgetary limits; and
(iii) THAT approval be given to extend the existing contract with Southern Cross Healthcare for 26 bed spaces at St. John’s Wood Nursing Home for up to 12 months, in accordance with CSO 10.2.
ACTION BY: Director of Housing and Adult Social Care.
REASONS
For the reasons set out in the report.
Consideration was given to a report of the Director of Finance.
This report was taken as item 11 at the meeting.
Councillor Flick Rea reported that she was happy to announce that Talacre Gardens had been awarded Green Flag status by the Civic Trust (along with 4 other Camden Parks), something that the local community had wished to see achieved.
Councillor Keith Moffitt thanked officers for this report.
RESOLVED –
THAT approval be given to the proposed strategy as set out in this report, for consultation with local inhabitants of the areas around Talacre Gardens for the future status, management and protection of Talacre Gardens open space.
ACTION BY: Director of Finance.
REASONS
For the reasons set out in the report.
Consideration was given to a report of the Director of Culture and Environment.
RESOLVED –
(ii) THAT any future matters relating to serious underperformance of the proposed services be reported to the Executive Member for Equalities and Community Development.
ACTION BY: Director of Culture and Environment.
REASONS
For the reasons set out in the report.
24. DATE OF NEXT MEETING
It was noted that the next ordinary meeting of the Executive would be held on Wednesday, 10th September 2008 at 7.00 p.m. in the Council Chamber.
TO NOTE: ALL
25. ANY OTHER BUSINESS THAT THE CHAIR CONSIDERS URGENT
There was none.
26. LOCAL GOVERNMENT ACT 1972 – ACCESS TO INFORMATION
RESOLVED –
THAT the press and public be excluded from the proceedings of the Executive on 23rd July 2008 during consideration of items 28 and 29 on the agenda on the grounds that it is likely, in view of the nature of the business to be transacted, that were members of the public to be present, there would be disclosure of exempt information as defined in Schedule 12A to the Local Government Act 1972.
Specifically -
Publicity in respect of item 27 would be likely to lead to the disclosure of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
MINUTES – PART II
27. MINUTES
RESOLVED –
THAT the Part II minutes of the meeting held on 25th June 2008 were approved and signed as a correct record.
28. HOMES FOR OLDER PEOPLE – OPTION APPRAISAL AND PROCUREMENT STRATEGY (HASC/2008/16)
RESOLVED -
THAT the report be noted.
29. ADULT SOCIAL CARE CONTRACTS – VARIATIONS & EXTENSIONS (HASC/2008/43)
RESOLVED -
THAT the report be noted.
30. ANY OTHER BUSINESS THAT THE CHAIR CONSIDERS URGENT AND IS EXEMPT WITHIN THE MEANING OF SCHEDULE 12A OF THE LOCAL GOVERNMENT ACT 1972
There was none.
The meeting ended at 9.50 p.m.
CHAIR
Contact Officer: Gianni Franchi
Telephone No: 020 7974 1914
E-Mail: gianni.franchi@camden.gov.uk
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