Agenda and decisions

Cabinet
Tuesday, 4th September, 2018 3.00 pm

Venue: The Council Chamber - City Hall, College Green, Bristol, BS1 5TR. View directions

Contact: Sam Wilcock 

Link: Watch Live Webcast

Items
No. Item

1.

Welcome and Safety Information

Members of the public intending to attend the meeting are asked to please note that, in the interests of health, safety and security, bags maybe searched on entry to the building.  Everyone attending this meeting is also asked please to behave with due courtesy and to conduct themselves in a reasonable way.

 

Please note: if the alarm sounds during the meeting, everyone should please exit the building via the way they came in, via the main entrance lobby area, and then the front ramp. Please then assemble on the paved area in front of the building on College Green by the flag poles.

 

If the front entrance cannot be used, alternative exits are available via staircases 2 and 3 to the left and right of the Conference Hall. These exit to the rear of the building. The lifts are not to be used. Then please make your way to the assembly point at the front of the building.  Please do not return to the building until instructed to do so by the fire warden(s).

 

2.

Public Forum

Up to one hour is allowed for this item

 

Please note that due to the significant interest in some of the items on this agenda the Mayor will allocate the public forum time as follows;

 

30 minutes – The Arena

30 minutes – All other Items

 

Any member of the public or Councillor may participate in Public Forum. Petitions, statements and questions received by the deadlines below will be taken at the start of the agenda item to which they relate to.

 

Petitions and statements (must be about matters on the agenda):

• Members of the public and members of the council, provided they give notice in writing or by e-mail (and include their name, address, and ‘details of the wording of the petition, and, in the case of a statement, a copy of the submission) by no later than 12 noon on the working day before the meeting, may present a petition or submit a statement to the Cabinet.

 

• One statement per member of the public and one statement per member of council shall be admissible.

 

• A maximum of one minute shall be allowed to present each petition and statement.

 

• The deadline for receipt of petitions and statements for the 4th September 2018  Cabinet is 12 noon on 3rd September. These should be sent, in writing or by e-mail to: Democratic Services, City Hall, College Green,Bristol, BS1 5TR

e-mail: democratic.services@bristol.gov.uk

 

 

Questions (must be about matters on the agenda):

• A question may be asked by a member of the public or a member of Council, provided they give notice in writing or by e-mail (and include their name and address) no later than 3 clear working days before the day of the meeting.

 

• Questions must identify the member of the Cabinet to whom they are put.

 

• A maximum of 2 written questions per person can be asked. At the meeting, a maximum of 2 supplementary questions may be asked. A supplementary question must arise directly out of the original question or reply.

 

• Replies to questions will be given verbally at the meeting. If a reply cannot be given at the meeting (including due to lack of time) or if written confirmation of the verbal reply is requested by the questioner, a written reply will be provided within 10 working days of the meeting.

 

• The deadline for receipt of questions for the 4th September 2018 Cabinet is 5.00 pm on Wednesday 29th September. These should be sent, in writing or by e-mail to: Democratic Services, City Hall, College Green, Bristol BS1 5TR.

Democratic Services e-mail: democratic.services@bristol.gov.uk

 

 

When submitting a question or statement please indicate whether you are planning to attend the meeting to present your statement or receive a verbal reply to your question

 

 

3.

Apologies for Absence

4.

Declarations of Interest

To note any declarations of interest from the Mayor and Councillors.  They are asked to indicate the relevant agenda item, the nature of the interest and in particular whether it is a disclosable pecuniary interest.

 

Any declarations of interest made at the meeting which is not on the register of interests should be notified to the Monitoring Officer for inclusion.

 

5.

Matters referred to the Mayor for reconsideration by a scrutiny commission or by Full Council

(subject to a maximum of three items)

 

 

6.

Reports from scrutiny commission pdf icon PDF 69 KB

7.

Chair's Business

To note any announcements from the Chair

8.

Exclusion of Press and Public

That under s.100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item(s) of business on the grounds that it (they) involve(s) the likely disclosure of exempt information as defined in paragraph(s)3(respectively) of Part 1 of schedule 12A of the Act

 

Please note that some of the reports below contain exempt information and it may be necessary for the Mayor/Cabinet to go into closed session i.e. exclude the press and public from the gallery whilst relevant matters are discussed.

9.

Bristol Arena pdf icon PDF 169 KB

Additional documents:

Decision:

Based on the information contained within the reports and due to the scale of potential benefits of an alternative scheme on Temple Island, which had been prepared and soft market tested by the Council, it was agreed to proceed with the alternative scheme.

 

1. The Council resolved not to progress further with the proposed Arena on Temple Island and to take all steps necessary and incidental to the cessation of that project.

 

2. The Council would continue to work with partners to develop an alternative mixed use scheme for the Temple Island site, with a view to bringing a worked up proposal(s) back to cabinet in due course. Ideally, any proposal should include the following uses:

a. Conference Centre and 4 or 5* hotel facility;

b. Commercial space with the supporting retail offer;

c. Residential units, including a policy compliant level of affordable housing.

 

3. The Council would develop a business case for the re-allocation to other projects of the £53m Economic Development Fund (EDF) money earmarked for the Arena project. Such business case to be submitted for approval to the West of England Local Enterprise Partnership at the earliest opportunity.

 

10.

Western Gateway Shadow Sub-national Transport Body pdf icon PDF 212 KB

Additional documents:

Decision:

Cabinet:

 

1. Approved Bristol City Council’s participation in a Sub-national Transport Body.

 

2. Noted progress on developing the Sub-national Transport Body prospectus and the emerging transport priorities (Appendix A).

 

3. Agreed to enter into a Heads of Terms and Constitution agreement with other Transport Authorities (Appendix I.2).

 

4. Appointed the Cabinet Member for Transport and Connectivity to represent the Council on the Shadow Subnational Transport Body’s Partnership Board and the Cabinet Member for Spatial Planning and City Design as nominated deputy.

 

5. Authorised the Director of Transport to represent the Council on the Shadow Sub-national Transport Senior Officer Group.

 

11.

Redcliffe Corridor Improvements - Local Growth Fund Bid pdf icon PDF 129 KB

Additional documents:

Decision:

 Cabinet:

 

1. Approved the submission of an Outline Business Case to the Local Enterprise Partnership’s Local Growth Fund for £3.25m of funding to make changes to the highway along the Redcliffe Corridor

 

2. Approved the development of the preliminary design of a preferred option for the highway changes and delegate authority to the Executive Director for Growth and Regeneration to approve the preferred Highway layout option in consultation with the Executive members for Transport and Connectivity; Strategic Planning and City Design; Housing.

 

3. Delegated authority to prepare and submit a Full Business Case for the preferred option to the Local Enterprise  Partnership’s Local Growth Fund to the Executive Director for Growth and Regeneration in consultation with the Executive members for Transport and Connectivity ; Strategic Planning and City Design; Housing.

 

4. Noted that if funding is approved, the decision to accept and give effect to the funding will be brought back to Cabinet

 

12.

Redcliffe Bascule Bridge Refurbishment pdf icon PDF 132 KB

Additional documents:

Decision:

Cabinet agreed to spend the remainder of the approved allocation £3.00m (PL09), and to delegate to the Executive Director Growth and Regeneration approval to commission contractors and undertake the work in consultation with the Cabinet Member for Transport.

 

13.

Chocolate Path River Wall Stabilisation pdf icon PDF 131 KB

Additional documents:

Decision:

Cabinet:

 

1. Approved the spend for the remainder of the approved budget to undertake the (4.42m) full stabilisation works required for the complete extent of the Chocolate Path Wall.

 

2. Noted that the structural condition of the whole river wall continues to get worse and that there remains an urgent need for the full amount of funding sought (4.42m), for full repair and stabilisation of Chocolate Path throughout.

 

3. Delegated to the Executive Director Growth and Regeneration, in consultation with the Cabinet Member for Transport and Connectivity, the authority to procure contractors to carry out all works identified in Appendix A.

 

14.

Procurement of Hard Facilities Management servicing and maintenance contract (non-housing property portfolio) pdf icon PDF 121 KB

Additional documents:

Decision:

Cabinet:

 

1. Approved the procurement of single contract for the provision of Mechanical & Electrical (M&E) and Building Fabric servicing and repairs.

 

2. Delegated approval for the award of the contract to the Executive Director for Communities, in consultation with the Cabinet Member.

 

15.

Procurement of external Security Services pdf icon PDF 130 KB

Additional documents:

Decision:

Cabinet:

 

1. Approved the proposals set out in the report for the provision of external security and the commencement of a tendering process for BCC external Security Services provision.

 

2. Delegated to the Executive Director for Communities, in consultation with the Cabinet Member, authority to determine the procurement approach and subsequent award of contract.

 

3. Noted that the contract would be flexible and that the intention is to undertake further work to ensure that the most efficient way of delivering security for the council is achieved, with the capacity to scale up and down according to need.

 

16.

Enhancement of six of the Ardagh Tennis Courts pdf icon PDF 143 KB

Additional documents:

Decision:

Subject to a final decision being made on the CAT and its lease conditions:

Authority was delegated to the Executive Director: Communities in consultation with the Cabinet Member for Sport to initiate a procurement process and award the contract for construction works for the Ardagh tennis courts.

17.

Environmental Enforcement Concession Procurement pdf icon PDF 124 KB

Additional documents:

Decision:

Cabinet:

 

1. Agreed that a clean streets strategy building on the achievements and learning to date would be developed by the Neighbourhood Services Team and approved by the Executive Director for Communities in consultation with the Cabinet Member with responsibility for Energy, Waste and Regulatory Services.

 

2. Approved a procurement process for an environmental enforcement concession service.

 

3. Delegated to the Executive Director for Communities in consultation with the Cabinet Member with responsibility for Energy, Waste and Regulatory Services the decision as to whether to pursue a multi-authority approach or Bristol City Council procuring the service on its own.

 

4. Delegated to the Executive Director for Communities in consultation with the Cabinet Member with responsibility for Energy, Waste and Regulatory Services the authority to enter into a contract for an environmental enforcement concession for a period of four years.

 

18.

Bristol Heat Networks – 2018 update on progress and proposed expansion pdf icon PDF 162 KB

Additional documents:

Decision:

Cabinet:

 

1. Approved the allocation of £2 million of Prudential Borrowing and reallocation of £4.5 million of City Centre Phase 1 heat network Prudential Borrowing for the further expansion of the council’s heat network.

 

2. Delegated authority to the Executive Director responsible for the Energy Service, in consultation with the Cabinet Member for Energy, the Cabinet Member for Finance, the Chief Finance Officer and the Monitoring Officer, to apply for and accept any government revenue and capital grant funding where available (including Heat Network Investment Project (HNIP) capital grant funding from the Department of Business, Energy & Industrial Strategy (BEIS), European Regional Development Fund (ERDF) and Heat Network Delivery Unit (HNDU) funding) and, where grant funding has been successfully applied for, this would constitute additional capital funding over and above the Prudential Borrowing sought within this Cabinet report and dedicated to the heat network.

 

3. Delegated authority to the Executive Director responsible for the Energy Service, in consultation with the Cabinet Member for Energy, the Chief Finance Officer and the Monitoring Officer, to determine the appropriate delivery model with potential investment partners should opportunities arise as part of the City Leap Prospectus.

 

4. Delegated authority to the Executive Director responsible for the Energy Service, in consultation with the Cabinet Member for Energy, the Chief Finance Officer and the Monitoring Officer, to carry out potential enabling works, with prospective funding appropriately identified from the funding approved by this Cabinet Report in order to future proof the infrastructure for potential cross border strategic heat networks, should such opportunities arise.

 

5. Delegated authority to the Executive Director responsible for the Energy Service to approve all necessary operational decisions associated with delivering the council’s heat network expansion programme, including signing of heat connection agreements with customers.

 

6. Delegated authority to the Executive Director responsible for the Energy Service, in consultation with the Cabinet Member for Energy, the Chief Finance Officer and the Monitoring Officer, to undertake and approve the procurement of all goods, works and services referenced in paragraphs 22 to 55 of Appendix A to the Cabinet Report.

 

19.

Creation of the Housing Company pdf icon PDF 171 KB

Additional documents:

Decision:

Cabinet:

 

1. Approved the Detailed Business Case to establish a local housing company, a Housing Trading Company (HTC) to carry out housing development,

 

2. Approved the governance arrangements recommended in the Detailed Business Case, and specifically the establishment of the Housing Trading Company (HTC) registered as a company limited by shares .

 

3. Authorised the Executive Director Growth & Regeneration, in consultation with Service Director Finance, Director Legal and Democratic Services and the Deputy Mayor for Finance, Governance and Performance to determine the appropriate shareholder for the HTC , approve the Articles of Association, Shareholder Agreement and reserved matters for the company, registration of the company and recruitment of the independent non-executive directors and such other matters and agreements as are required in order to enable the establishment and ongoing operation of the company.

 

4. Approved the initial Business Plan for the HTC which will allow it to commence operations.

 

5. Noted that a separate report will be brought forward at a later date to consider the benefits of establishing a Housing Investment Company to hold new homes.

 

6. Authorised the Executive Director Growth & Regeneration in consultation with the Cabinet Member for Housing and the Service Director Finance to approve the transfer of land at Romney House, Lockleaze and the Baltic Wharf Caravan Club site to the HTC on terms to be agreed.

 

7. Approved the drawdown of up to £250k in 2018/19 of existing capital budget provision to fund the set-up of the company and authorise the Executive Director Growth & Regeneration in consultation with the Service Director Finance, Service to secure sufficient PWLB borrowing [not expected to exceed £10m] to on-lend to the HTC to enable it to deliver its HTC Business Plan.

 

8. Authorised the Service Director Legal Services in consultation with Deputy Mayor for Finance, Governance and Performance to establish and implement a process for the selection and appointment (and appropriate training) of Directors to the Board of the HTC.

 

 

 

 

20.

Alderman Moores HRA New Build Development pdf icon PDF 141 KB

Additional documents:

Decision:

Cabinet:

 

1. Agreed that the council enter into a maximum fixed price contract with Willmott Dixon at Alderman Moore’s site for the construction of 133 new mixed tenure blind homes and delegated authority to the Executive Director (Communities) to conclude legal formalities and manage the contract including any savings which might arise during the construction phase.

 

2. Approved the financial and funding arrangements as set out in this report as follows:-

      Maximum Total scheme costs (council and sales and includes Contingency) - £24.14m

      Income from sales (and anticipated RHI payments) - £19.4m

      Total residual investment required by HRA - £4.74m

 

3. Agreed the use of £2.9m (30%) of 1-4-1 RTB receipts towards the cost of constructing the council units plus a proportion of the infrastructure costs. In overall terms, the use of RTB receipts results in a net cost to the HRA of £1.84m.

 

4. Approved the development of a Management Company to look after the estate post completion and delegated authority to Executive Director (Communities) in consultation with the Service Director of Legal and Democratic Services and the relevant Cabinet Member to agree the details

 

5. Agreed that an incentivisation agreement with Wilmot Dixon is developed and entered in to and to delegated authority to Executive Director (Communities) to agree the details of the payment structure in consultation with the relevant Cabinet Member.

21.

Governance Review Action Plan - Bristol City Council Companies pdf icon PDF 133 KB

Additional documents:

Decision:

1. Cabinet noted:

- The key recommendations of the governance review undertaken in 2017 with respect to the companies which the council has an interest in. (Outlined in Appendix A1 and A2 )

- The Council’s action plan (Appendix A2) which responds to the recommendations.

- That changes have been made to the companies’ Articles of Association and Shareholders’ Agreement, including the revision of the reserved matters by which the council exercises control of the companies (Appendix A3)

- The revised Shareholder Group Terms of Reference, which have already been adopted (Appendix A4).

- The intention to revise the Code of Practice for the Governance of Council Interests in Companies in line with the implementation of the governance review.

 

2.  Cabinet approved an earmarked envelope of £350,000 pa (for 18/19 and 19/20 onwards), to provide the resources required within the MTFP from 19/20 onward to strengthen the governance as outlined in the action plan and ensure the council can support an efficient and effective client and shareholder liaison function.

 

22.

Bristol Energy Operational Plan 2018/19

Decision:

Cabinet:

 

Approved the proposed 2018/19 variation to the existing approved Bristol Energy business plan (agreed by cabinet in January 2017).

23.

2018/19 Period 3 Forecast Outturn Report for Noting (non-key decision) pdf icon PDF 138 KB

Additional documents:

Decision:

Cabinet:

1. Noted the £7.5m general fund revenue pressures being reported, predominantly within Adult Social Care, and that action will be required to understand the drivers, the potential opportunities, risks and impact of any mitigation plans developed.

2. Noted that a decision on the allocation of the Adult Social Care Grant as announced in the Final Local Government Finance Settlement of £1.268m will be part of the period 4 report.

3. Agreed that the one-off additional section 31 grant in 2018/19 totalling £5m received relating to the change in methodology for calculating entitlement for small business rate relief will be held in abeyance and allocation will be reviewed following the outcome of actions taken to reduce the overspend as noted above.

4. Noted the current forecast position with regard to the Housing Revenue Account and Public Health Accounts.

5. Noted the current budget pressures being reported within the High Needs block within the DSG and that action will be required to understand the drivers, the potential opportunities, risks and impact in any mitigation plans developed.

6. Noted current forecast for capital expenditure, and that an updated position, following the outcome of the programme reviews will be reported for the Period 4 monitoring report.

7. Noted the roll forward of 2017/18 unspent capital budgets into 2018/19 pending further review as part of the 2019/20 budget process, as detailed in Appendix A Table 4.