At the meeting the Mayor amended the order of business. To aid clarity, the decision notice is presented in the order the items appeared on the agenda.

At the meeting the reports were taken in the following order:

·         7.1 – Tackling the School Places Gap: pupil place planning and the impact of academies and free schools – scrutiny challenge session

·         8.2 – Health Scrutiny Review of A&E Services

·         10.2 – Resident Engagement in the Budget Process – Scrutiny Review

·         10.3 – Tower Hamlets Council’s Approach to Support Staff with Specific Learning Difficulties – Scrutiny Review

·         6.1 – Bethnal Green Museum Garden’s Shelter

·         6.2 – CPO Resolution: a) Aberfeldy Estate Phase 2 and b) Burdett Estate, St Pauls Way Trust (Poplar HARCA)

·         8.1 – DAAT Commissioning

·         8.3 – Genesis Mental Health Contract Award

·         10.1 – Strategic Performance, 13/14 General Fund Revenue Budget and Capital Programme Monitoring Q4 Year End

·         10.4 – Investment in London LGPS Common Investment Vehicle (CIV)

·         10.5 – Contracts Forward Plan Q1 and Q2 (2014-15)

·         10.6 – Strategic and Resource Planning 2014/15

Apologies for absence were received on behalf of:

·         Aman Dalvi (Corporate Director, Development and Renewal)

·         Robin Beattie (Service Head Strategy and Resources, CLC)

Councillor Ohid Ahmed, Cabinet Member for Community Safety, declared a personal interest in Agenda Item 6.2 (CPO Resolution a) Aberfeldy Estate Phase 2 and b) Burdett Estate, St Pauls Way Trust (Poplar HARCA)) as he was a leaseholder in Phase Three of the project. He would leave the room for the item.

The unrestricted minutes of the Cabinet meeting held on 9 July 2014 will be presented for information (to follow).

The unrestricted minutes of the Cabinet meeting held on 9 July 2014 were noted.

To receive any petitions.

Nil items.

Councillor Joshua Peck, Chair of the Overview and Scrutiny Committee, provided an update on the Committee’s meeting the previous evening.

He reported that the main item of business had been a discussion on the auditor’s report on the sale of the old Poplar Town Hall. He explained that the Committee had taken evidence from officers, auditors and the Lead Member during the meeting. There were some items and questions still outstanding but the Committee would be presenting its findings back to Full Council once their investigations were complete.

Other items of business at the meeting had included looking at the strategic performance of the Council, with particular discussions around burglary and anti-social behaviour response performance, adoption and the declining revenue support grant. The Committee had also made appointments to the Inner North East London Joint Overview and Scrutiny Committee and considered its work programme for the upcoming meetings.

The Mayor thanked Councillor Joshua Peck for his update.

Nil items.

The Mayor requested that responsibility for marketing, including any use of external expertise, be managed by the Development and Renewal Directorate.

DECISION

1.    To tender out a lease of 15 years for a café concession at Museum Gardens toilet block.  The length of the lease is a requirement linked to a capital investment estimated at £250,000. The concession would bring in an annual rental income with the added benefit to the council of new public toilet facility managed by the tenant. It would enhance the park and help to bring in more visitors, keep down ASB, drinkers and rough sleepers. 

2.    To tender out a lease of 15 years for the operation of a catering concession at the shelter in Bethnal Green Gardens in exchange for a capital investment of up to £180,00 and an annual rental income.

Action by:

CORPORATE DIRECTOR, COMMUITIES, LOCALITIES AND CULTURE (S. HALSEY)

(Service Head Culture, Learning and Leisure (S. Hussain)

Shazia Hussain, Service Head, Culture, Learning and Leisure, introduced the report. She explained the proposals and how they would bring in investment to provide accessible services for the local community.

The Mayor thanked officers and Members, in particular Councillor Stephanie Eaton, for working to develop this project and stated that he looked forward to it being completed as soon as possible. The Mayor requested that responsibility for marketing, including any use of external expertise, be managed by the Development and Renewal Directorate. Subject to that note, the Mayor agreed the recommendations as set out in the report.

RESOLVED

1.    To tender out a lease of 15 years for a café concession at Museum Gardens toilet block.  The length of the lease is a requirement linked to a capital investment estimated at £250,000. The concession would bring in an annual rental income with the added benefit to the council of new public toilet facility managed by the tenant. It would enhance the park and help to bring in more visitors, keep down ASB, drinkers and rough sleepers. 

2.    To tender out a lease of 15 years for the operation of a catering concession at the shelter in Bethnal Green Gardens in exchange for a capital investment of up to £180,00 and an annual rental income.

In relation to his declared interest, Councillor Ohid Ahmed left the room for the duration of this item.

DECISION

1.         To consider and comment upon the proposal to bring a report to Cabinet to seek the following decisions -

(1)          Agree the preparation of a Compulsory Purchase Order (CPO), which would include specific land interests that must be acquired to facilitate the delivery by Poplar HARCA of Phase 2 of its ongoing Aberfeldy Estate regeneration programme.

(2)          Agree the preparation of a Compulsory Purchase Order (CPO), which would include specific land interests that must be acquired to facilitate the redevelopment by Poplar HARCA of Linton and Printon Houses on the Burdett Estate, to provide new housing and allow expansion of St Paul’s Way Trust School.

(3)          Delegate to the Corporate Director of Development and Renewal, together with the Service Head for Legal Services power to take all necessary steps including the making of these Compulsory Purchase Orders (CPO’s), General Vesting Declarations or Notices to Treat in respect of the land shown edged red on the plans at Appendices 1 and 2, including existing interests affected by the scheme and new rights pursuant to Section 13 of the Local Government (Miscellaneous Provisions) Act 1976.

(4)          Delegate to the Corporate Director of Development and Renewal in liaison with the Service Head for Legal Services the power to take all necessary procedural steps in the making and implementation of each CPO, after consultation with the Mayor and Cabinet Member for Housing and Development.  This shall include the following:-

o      Appointing land referencing agents, making of each CPO as described in Recommendation 2.3, including the publication and service of notices and thereafter seeking confirmation of it by the Secretary of State (or, if permitted, by the Council pursuant to Section 14A of the Acquisition of Land Act 1981), including the preparation and presentation of the Council’s case at any Public Inquiry which may be necessary.

o      Acquiring all known interests in land and any additional interests identified through the land referencing process within the CPO boundaries, shown at Appendix 1 and 2, either by private agreement or compulsorily. This will include those interests listed in Appendix 3.

o      Determination as to whether an individual Order shall be made under the provisions of Section 17 Housing Act 1985, or Section 226 Town and Country Planning Act 1990, should the Service Head for Legal Services consider this appropriate.

o      Monitoring of negotiated agreements by Poplar HARCA with land owners or others as applicable, setting out the terms for withdrawal of objections to the CPO, including where appropriate seeking exclusion of land or new rights from the CPO.

o      Publication and service of notices of confirmation of the CPO and thereafter to execute and serve any general vesting declarations or notices to treat, and notices of entry, and to acquire those interests to secure the development proposals.

o      Referral and conduct of disputes, relating to compulsory purchase compensation, at the Upper Tribunal (Lands Chamber).

o      Transfer  ...  view the full decision text for item 6.2

In relation to his declared interest, Councillor Ohid Ahmed left the room for the duration of this item.

Councillor Rabina Khan, Cabinet Member for Housing and Development, introduced the report. She highlighted the importance of Poplar HARCA continuing to seek negotiated settlements. During discussion the importance of the joint partnership between the Council and Registered Social Landlords was highlighted.

The Mayor highlighted the reluctance to use Compulsory Purchase Order (CPO) powers and that at this stage he was only agreeing them in principle and that no CPO powers should be exercised without his authority.

RESOLVED

1.         To consider and comment upon the proposal to bring a report to Cabinet to seek the following decisions -

(1)          Agree the preparation of a Compulsory Purchase Order (CPO), which would include specific land interests that must be acquired to facilitate the delivery by Poplar HARCA of Phase 2 of its ongoing Aberfeldy Estate regeneration programme.

(2)          Agree the preparation of a Compulsory Purchase Order (CPO), which would include specific land interests that must be acquired to facilitate the redevelopment by Poplar HARCA of Linton and Printon Houses on the Burdett Estate, to provide new housing and allow expansion of St Paul’s Way Trust School.

(3)          Delegate to the Corporate Director of Development and Renewal, together with the Service Head for Legal Services power to take all necessary steps including the making of these Compulsory Purchase Orders (CPO’s), General Vesting Declarations or Notices to Treat in respect of the land shown edged red on the plans at Appendices 1 and 2, including existing interests affected by the scheme and new rights pursuant to Section 13 of the Local Government (Miscellaneous Provisions) Act 1976.

(4)          Delegate to the Corporate Director of Development and Renewal in liaison with the Service Head for Legal Services the power to take all necessary procedural steps in the making and implementation of each CPO, after consultation with the Mayor and Cabinet Member for Housing and Development.  This shall include the following:-

o      Appointing land referencing agents, making of each CPO as described in Recommendation 2.3, including the publication and service of notices and thereafter seeking confirmation of it by the Secretary of State (or, if permitted, by the Council pursuant to Section 14A of the Acquisition of Land Act 1981), including the preparation and presentation of the Council’s case at any Public Inquiry which may be necessary.

o      Acquiring all known interests in land and any additional interests identified through the land referencing process within the CPO boundaries, shown at Appendix 1 and 2, either by private agreement or compulsorily. This will include those interests listed in Appendix 3.

o      Determination as to whether an individual Order shall be made under the provisions of Section 17 Housing Act 1985, or Section 226 Town and Country Planning Act 1990, should the Service Head for Legal Services consider this appropriate.

o      Monitoring of negotiated agreements by Poplar HARCA with land owners or others as applicable, setting out the terms for withdrawal  ...  view the full minutes text for item 6.2

DECISION

1. To note the report.

Action by:

SERVICE HEAD, CORPORATE STRATEGY AND EQUALITY (L. RUSSELL)

(Strategy, Policy and Performance Officer (V. Allen)

Councillor Joshua Peck, Chair of the Overview and Scrutiny Committee introduced the report. He highlighted the pressure to increase the number of available school places and stated that there review had produced useful discussions and sensible recommendations.

The Mayor thanked Scrutiny Members for their work and in particular endorsed their recommendation that the Council look to expand existing provision. He noted the report.

RESOLVED

1. To note the report.

DECISION

1.    To agree to the re-procurement of drug / alcohol treatment services in Tower Hamlets

2.    To agree Option 3 as the preferred option for re-procurement subject to the Cabinet Members for Resources and Community Safety being given a strategic and design oversight of the proposals.  

3.    To agree to a consortium approach to commissioning to ensure local third sector partners can be properly engaged.

4.    To agree the timescales detailed in the report

5.    To note the risks detailed in the report and the mitigating actions.

Action by:

CORPORATE DIRECTOR, COMMUNITIES, LOCALITIES AND CULTURE (S. HALSEY)

(Service Head, Community Service (A. Bamber)

(DAAT Co-ordinator (R. Sadegh)

Councillor Ohid Ahmed, Cabinet Member for Community Safety, introduced the report. He highlighted the reasons why a review was needed and noted the different options presented. He felt that Option 3, as set out in paragraph 3.12 of the report, was the best option.

During discussion Councillor Alibor Choudhury proposed two amendments to the recommendations. He stated concurred that Option 3 was the preferred option but that the Cabinet Members for Resources and Community Safety should have oversight of the proposals. He also requested that a further recommendation be introduced to agree a consortium approach to ensure local third sector providers could be involved.

The Mayor concurred with the comments and stated that it was important to bring on board the expertise available in local community organisations. He agreed the recommendations set out in the report with the above two amendments.

RESOLVED

1.    To agree to the re-procurement of drug / alcohol treatment services in Tower Hamlets

2.    To agree Option 3 as the preferred option for re-procurement subject to the Cabinet Members for Resources and Community Safety being given a strategic and design oversight of the proposals. 

3.    To agree to a consortium approach to commissioning to ensure local third sector partners can be properly engaged.

4.    To agree the timescales detailed in the report

5.    To note the risks detailed in the report and the mitigating actions.

DECISION

1.    To note the report.

Action by:

SERVICE HEAD, CORPORATE STRATEGY AND EQUALITY (L. RUSSELL)

(Strategy, Policy and Performance Officer (T. Alam)

Councillor Joshua Peck, Chair of the Overview and Scrutiny Committee, introduced the report. He reported that the review found that Accident and Emergency Services in the Borough were pretty good but that the report did propose some practical recommendations on a public health level.

The Mayor thanked Health Scrutiny Panel Members for their report and the recommendations contained although he did express some concerns about recommendation 5 (in relation to research into inappropriate use of A&E by residents).

RESOLVED

1.    To note the report.

DECISION

1.    To agree the recommended procurement method, thereby authorising officers to proceed to a competitive tender exercise for Teresa House and Hamlets Way Mental Health Accommodation Contracts; with the contract period being two years with the option to extend for a further one year period.

2.    To agree the contractual extension required to facilitate this process in recognition of the longer procurement timetable required for an open tender as compared with letting the contract via the Supporting People Framework Agreement as originally intended; and

3.    To agree that the award of the contract should be delegated to the Corporate Director for ESCW in consultation with the Mayor.

Action by:

CORPORATE DIRECTOR EDUCATION, SOCIAL CARE AND WELLBEING (R. McCULLOCH-GRAHAM)

(Service Head Commissioning, Health Commissioning and Strategy (D. Cohen)

Councillor Abdul Asad, Cabinet Member for Adult Services, introduced and welcomed the report. He noted that any contract award should always be for two years with the potential to extend for one year, as opposed to offering three years.

The Mayor welcomed the report and agreed the recommendations as set out.

RESOLVED

1.    To agree the recommended procurement method, thereby authorising officers to proceed to a competitive tender exercise for Teresa House and Hamlets Way Mental Health Accommodation Contracts; with the contract period being two years with the option to extend for a further one year period.

2.    To agree the contractual extension required to facilitate this process in recognition of the longer procurement timetable required for an open tender as compared with letting the contract via the Supporting People Framework Agreement as originally intended; and

3.    To agree that the award of the contract should be delegated to the Corporate Director for ESCW in consultation with the Mayor.

Nil items.

Nil items.

DECISION

1. To note the Council’s financial performance compared to budget for 2013/14 as detailed in Sections 3 to 6 and Appendices 1-4 of the report.

2. To approve the transfers to reserves as detailed in Appendix 5 of the report.

3. To review and note 2013/14 year end performance for strategic measures and Strategic Plan activities in Appendices 6 to 7 of the report.

Action by:

CORPORATE DIRECTOR, RESOURCES (C. HOLME)

(Chief Accountant (K. Miles)

(Service Head, Corporate Strategy and Equality (L. Russell)

Councillor Alibor Choudhury, Cabinet Member for Resources, introduced the report.

Chris Holme, Corporate Director Resources, highlighted that the Council remained in a relatively healthy financial state and it had an excellent return in its Council Tax collection rate and for Non Domestic Rates collection the Council was rated second best in the Country.

The Mayor agreed the recommendations as set out in the report.

RESOLVED

1. To note the Council’s financial performance compared to budget for 2013/14 as detailed in Sections 3 to 6 and Appendices 1-4 of the report.

2. To approve the transfers to reserves as detailed in Appendix 5 of the report.

3. To review and note 2013/14 year end performance for strategic measures and Strategic Plan activities in Appendices 6 to 7 of the report.

DECISION

1.    To note the report.

Action by:

SERVICE HEAD, CORPORATE STRATEGY AND EQUALITY (L. RUSSELL)

(Strategy, Policy and Performance Officer (S. Khatun)

Councillor Joshua Peck, Chair of the Overview and Scrutiny Committee, introduced the report. He highlighted that resident engagement in the budget process was always a challenge but that the report had some useful recommendations to be considered.

The Mayor thanked the Councillors involved in the review, in particular Councillor Stephanie Eaton the former Scrutiny Lead for Resources. He promised to look into incorporating the suggestions. He noted the report.

RESOLVED

1.    To note the report.

DECISION

1.    To note the report.

Action by:

SERVICE HEAD, CORPORATE STRATEGY AND EQUALITY (L. RUSSELL)

(Strategy, Policy and Performance Officer (S. Khatun)

Councillor Joshua Peck, Chair of the Overview and Scrutiny Committee, introduced the report.

The Mayor thanked Councillors for their report and highlighted his commitment to involving and supporting staff. He noted the report.

RESOLVED

1.    To note the report.

DECISION

1.            To participate in the establishment of the London (LGPS) Collective Investment Vehicle (CIV)

2.            To participate in the establishment of a private company limited by shares to be incorporated to be the Authorised Contractual Scheme Operator (the ‘ACS Operator’) of the London (LGPS) Collective Investment Vehicle (CIV), the ACS Operator to be structured and governed as outlined in this report.

3.            That following the incorporation of ACS Operator, the London Borough of Tower Hamlets:

·         become a shareholder in the ACS Operator.

·         contribute £1 to the ACS Operator as initial capital;

·         appoint  an executive member to exercise the Council’s rights as shareholder of the ACS Operator; 

4.    Under Regulation 11 of the Local Authorities (Arrangement for the Discharge of Functions) (England) Regulations 2012 to establish the Pensions CIV Joint Committee, pursuant to the existing London Councils Governing Agreement dated 13 December 2001 as amended, to act as a representative body for the Local Authorities participating in these arrangements; and

5.    to delegate to this Joint Committee those functions necessary for the proper functioning of the ACS Operator including the effective oversight of the ACS Operator and the appointment of Directors.

Action by:

CORPORATE DIRECTOR, RESOURCES (C. HOLME)

(Investment and Treasury Manager (B. Tobun)

(Chief Accountant (K. Miles)

Chris Holme, Corporate Director, Resources, introduced the report. He highlighted that this report was one part of a process in considering a proposal to establish Collective Investment Vehicle for London Local Government Pension Schemes.

The Mayor agreed the recommendations as set out in the report.

RESOLVED

1.            To participate in the establishment of the London (LGPS) Collective Investment Vehicle (CIV)

2.            To participate in the establishment of a private company limited by shares to be incorporated to be the Authorised Contractual Scheme Operator (the ‘ACS Operator’) of the London (LGPS) Collective Investment Vehicle (CIV), the ACS Operator to be structured and governed as outlined in this report.

3.            That following the incorporation of ACS Operator, the London Borough of Tower Hamlets:

·         become a shareholder in the ACS Operator.

·         contribute £1 to the ACS Operator as initial capital;

·         appoint  an executive member to exercise the Council’s rights as shareholder of the ACS Operator; 

4.    Under Regulation 11 of the Local Authorities (Arrangement for the Discharge of Functions) (England) Regulations 2012 to establish the Pensions CIV Joint Committee, pursuant to the existing London Councils Governing Agreement dated 13 December 2001 as amended, to act as a representative body for the Local Authorities participating in these arrangements; and

5.    to delegate to this Joint Committee those functions necessary for the proper functioning of the ACS Operator including the effective oversight of the ACS Operator and the appointment of Directors.

DECISION

1.            To consider the contracts summarised in Appendix one of the report.

2.            To confirm that all contracts set out in Appendix1 can proceed to contract award after tender subject to the relevant Corporate Director who holds the budget for the service area consulting with the Mayor and the relevant lead member prior to contract award

3.            To authorise the Head of legal Services to execute all necessary contract documents in respect of the awards of contracts referred to at recommendation 2 above.

Action by:

CORPORATE DIRECTOR, RESOURCES (C. HOLME)

(Head of Procurement (Z.  Ahmed)

Councillor Alibor Choudhury, Cabinet Member for Resources introduced the report.

Following discussion the Mayor agreed the recommendations as set out in the report, whilst reconfirming that in most cases contracts were for two years with the potential to extend for one year and would not be for three years straight off.

RESOLVED

1.            To consider the contracts summarised in Appendix one of the report.

2.            To confirm that all contracts set out in Appendix1 can proceed to contract award after tender subject to the relevant Corporate Director who holds the budget for the service area consulting with the Mayor and the relevant lead member prior to contract award

3.            To authorise the Head of legal Services to execute all necessary contract documents in respect of the awards of contracts referred to at recommendation 2 above.

Original Report withdrawn. Updated report provided with the following reasons for urgency:

Special Circumstances Justifying Urgent Consideration

As this report sets the Budget and Resource framework and the strategic priorities for the Council it required extensive consultation across the whole council and this led to the report being submitted late. Cabinet's approval of this report is urgently required to ensure the savings required of the Council are realised and the Council's work programme is set for this year.

Note – the original report was withdrawn and the Mayor approved the reasons for urgency for the replacement report.

DECISION

1.    To note the budget position for 2014/15.

2.    To agree the Strategic Plan for 2014/15 (Appendix 1).

3.    To note that the financial outlook for 2015/16 remains unchanged from what was reported in March 2014 and savings of £28.4m will be required to deliver a balanced budget for that year.

4.    To note that the financial position is subject to volatility and that development’s in Government policy and their implications on MTFP planning assumptions will be monitored closely and reported back at regular intervals during the financial year as part of the budget process.

5.    To note that current budget assumptions will be refreshed and that the MTFP will be extended to include projections for 2017/18 and 2018/19 as further iterations are reported to Cabinet.

Action by:

CORPORATE DIRECTOR, RESOURCES (C. HOLME)

(Service Head, Corporate Strategy and Equality (L. Russell)

Note – the original report was withdrawn and the Mayor approved the reasons for urgency for the replacement report.

Special Circumstances Justifying Urgent Consideration

As this report sets the Budget and Resource framework and the strategic priorities for the Council it required extensive consultation across the whole council and this led to the report being submitted late. Cabinet's approval of this report is urgently required to ensure the savings required of the Council are realised and the Council's work programme is set for this year.

Councillor Alibor Choudhury, Cabinet Member for Resources, introduced the report. He highlighted the good track record the Council had in delivering any necessary savings.

The Mayor welcomed the report and agreed the recommendations as set out.

RESOLVED

1.    To note the budget position for 2014/15.

2.    To agree the Strategic Plan for 2014/15 (Appendix 1).

3.    To note that the financial outlook for 2015/16 remains unchanged from what was reported in March 2014 and savings of £28.4m will be required to deliver a balanced budget for that year.

4.    To note that the financial position is subject to volatility and that development’s in Government policy and their implications on MTFP planning assumptions will be monitored closely and reported back at regular intervals during the financial year as part of the budget process.

5.    To note that current budget assumptions will be refreshed and that the MTFP will be extended to include projections for 2017/18 and 2018/19 as further iterations are reported to Cabinet.

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