Agenda and minutes

It was moved by Andrew McMurtrie, Seconded by John Foley and agreed that Alderwoman Susan Pearson should take the Chair until agenda item 5

Apologies were received from Helen Fentimen, Ruby Sayed, Paul Singh, Frances Leach, Tim McNally and Dawn Frampton.

There were no declarations.

That the public minutes and summary of the meeting held on 20 March 2023 be approved as a correct record.

RESOLVED, that – the public minutes and non-public summary of the meeting held on 20^th March 2023 be approved.

To receive the Order of the Court of Common Council dated 27 April 2023 appointing the committee and setting its Terms of Reference.

The Committee received the Order of the Court which appointed its Membership and approved its Terms of Reference. Members noted that the Membership on the Court Order was correct as of 27th April 2023.

To elect a Chairman in accordance with Standing Order 29.

The Town Clerk advised that, in accordance with Standing Order 29, the position of Chair was uncontested and it was RESOLVED, that – being the only Member expressing a willingness to serve, Mark Wheatley be appointed as Chair of the Barbican Residential Committee (BRC) for the ensuing year. 

The Chair thanked Members for re-electing him and then spoke of the sad passing of Mark Bostock, paying tribute to his passion and commitment to the Barbican residents, during 6 years of service to the  BRC.  Members joined the Chair in sending condolences to his family.

The Chair welcomed new Member Dawn Frampton.

The Chair then invited the Chair (of the RCC) to address the BRC and

comment on the meeting of 4^th September 2023.  The first draft of the Minutes, which had been approved by the Chair, had been tabled for BRC Members.  However, the Chair (of the RCC) would have preferred the draft minutes and resolutions to have been circulated ahead of today’s meeting.   

In summary, Members noted the following points of concern:

1.       Generally, the RCC found the reports lacking in background detail and the tone overly positive.

2.       The action tracker lacked clarity in respect of chasing outstanding items.     The Executive Director, Community and Children’s Services, agreed to review its format.

3.       Although recognising the initial work, the Barbican Estate Office (BEO) Review Action Plan needs refinement to make it an effective management tool.

4.       There are residual problems with electricity billing, and residents had not seen the reconciliation exercise requested a year ago.  However, an audit would be undertaken, by external consultants, to reconcile actual energy usage with the correct charges for 2021/22 and 2022/23.   Furthermore, two resident representatives are now working with the Energy Group in respect of Terms of Reference for the Audit, selection

To elect a Deputy Chairman in accordance with Standing Order 30.

The Town Clerk advised that, in accordance with Standing Order 30, the position of Deputy Chair was uncontested and it was RESOLVED, that – being the only Member expressing a willingness to serve, Anne Corbett be appointed as Deputy Chair of the BRC for the ensuing year. 

Report of the Executive Director of Community and Children’s Services.

The Committee received the Actions Tracker.

Report of the Executive Director of Community and Children’s Services.

The Committee considered a report of the Executive Director, Community and Children’s Services, in respect of the Independent Review of the Barbican Estate Office by Housing Consultancy, Altair, which concluded in May 2023. 

The Chair reminded Members of the City Corporation’s Target Operating Model (TOM), which started in 2021 and sought to achieve 12% savings.   The BRC had considered the operation of the car park, as part of these savings, but had not proposed any car park box closures.   However, by October 2021, significant concerns resulted in a public residents’ meeting, which raised further issues about the fabric of the Estate more generally.  Residents were clearly very passionate about the work of the car park attendants, which goes way beyond their job descriptions, in terms of their commitment to residents’ safety and security on the Barbican Estate. 

Members noted that these views resulted in the review before them today for endorsement.  The process had been led by a group of members, residents, officers and the new Executive Director of Community and Children’s Services.   Members also noted the Executive Director’s forward to the report and that the Transformation Action Plan would be a standing agenda item, with updates to all future  BRC/RCC meetings.    The Executive Director welcomed the review as it presented an opportunity for a ‘reset’.  Members also noted that the next ‘All City’ Residents Meeting would take place on 12^th October 2023.

During the discussion, the following points were noted:

a)       The Executive Director advised that a recruitment process for a new Head of the Barbican Estate Office is underway; the Job Evaluation had been approved and head hunters were in place to start the process, with an appointment expected in November this year.   The Director had also considered capacity more generally within the team and would be

Report of the Executive Director of Community and Children’s Services.

The Committee received a report of the Executive Director, Community and Children’s Services which provided an update on electricity charges to the service charge account in 2021-22 and 2022-23.

The Committee received a report of the Executive Director, Community and Children’s Services which provided an update on electricity charges to the service charge account in 2021-22 and 2022-23.

Members noted the audit referred to in the Chair of the RCC’s presentation.  The officer advised that half hourly meters are in place for the underfloor heating and for 99% of the light and power for the blocks.  Unfortunately, they had been sending incorrect readings but residents would not be penalised. 

RESOLVED, that – the report be noted.

Executive Director of Community and Children’s Services to be heard.

The Assistant Director, Barbican and Property services was heard and apologised for the renewal being out of time.  In accordance with the City of London Corporation’s Governance procedures, approval of the extension of the contract would be via the Operational Property and Project Sub Committee, the Finance Committee and the Court of Common Council.  These reports would also be presented to the RCC/BRC for information.  Once the extension is in place, Members noted that there would be far more stringent performance management of the contract, and closer working with residents to ensure a high quality service. 

In the interim period, the Assistant Director would be engaging with RCC Members and stakeholders to fully understand the issues, and to ensure that the new specification is better suited to the Barbican Estate. There would also be full legal due diligence and a dedicated Senior Quantity Surveyor overseeing the process.

The Chair noted Members concerns in that the Estate should not be in this position again and asked to be sighted on a timeline, with milestones and residents views, by 11th October,  before it is circulated to the wider Committees.  

Report of the Executive Director of Community and Children’s Services.

The Committee received a report of the Executive Director, Community and Children’s Services which provided information on residential service charge expenditure for 2022/23. It also compared the outturn with the 2022/23 estimate and the 2021/22 actual expenditure.

Members noted that the presentation of the Service Charges had been raised at the City Corporation’s Finance Committee.  The Officer explained that this would be looked at with the Chamberlain and reminded Members of the challenges in respect of the revised energy bills, noting that the estimates had also been affected by last year’s pay award to staff. The Chair asked if the next meeting of the Committee could be sighted on the information sent to residents; redacted for data protection.  The Executive Director advised that the Service Charge Working Party already receives this information.  The Chair suggested an

an informal session with officers in respect of service charges, before the December meeting, by way of a training session for Members.

RESOLVED, that – the report be noted.

Joint report of the Chamberlain and Executive Director of Community and Children’s Services.

The Committee received a report of the Executive Director, Community and Children’s Services and the Chamberlain which compared the revenue outturn for the services overseen by the Barbican Residential Committee (BRC) 2022/23, with the final agreed budget for the year.

RESOLVED, that – the report be noted.

Report of the Executive Director of Community and Children’s Services.

The Committee received a report of the Executive Director, Community and Children’s Services, which provided an update on the current contract for redecoration works, to internal and external areas of the residential blocks of the Barbican Estate, between 2020-25.

Members noted that officers were working to resolve the quality issues; a new Clerk of Works had been appointed, and the works would be signed off by 23^rd October.    The RCC had asked for a more comprehensive cost report and the Assistant Director advised that this would be circulated with the Draft RCC minutes.  In response to a question about Bunyan Court’s internal works, the Assistant Director agreed to investigate and feed back to Members.

RESOLVED, that – the report be noted.

Report of the Executive Director of Community and Children's Services.

The Committee received a report of the Executive Director, Community and Children’s Services in respect of the projects proposed for years 1-5 of the Barbican Estate Major Works Programme.

The Chair stressed the importance of the Corporation’s approach to the Barbican as whole; i.e. - the Climate Action Strategy,  historic data, the need for more intrusive and comprehensive surveys, combining projects to achieve economies of scale and working with the Barbican Centre on their long-term strategy.  The Assistant Director had noted the challenge to the final costing, which would be clarified after the various surveys and as the projects develop. 

Members then noted the following resolution from the RCC and it was RESOLVED, that – the following be noted and agreed.

The RCC is concerned that there are many outstanding comments and questions still to be answered about the Major Works Five-Year Asset Management Programme before work should begin, as set out in the minutes of the RCC meeting of 4th September 2023. The immediate concern is the appropriate governance of such a high cost, complex and inherently risky programme which requires resource with the capability and capacity to deliver the programme successfully. The RCC is therefore calling for preliminary work to be undertaken, involving resident nominees, to establish a formal Programme Board of stakeholders; terms of reference; authority framework, programme/project management methodology etc, taking expert advice as necessary, before any other work on the programme begins.

RESOLVED, that – the report be noted.

Report of the Executive Director of Community and Children’s Services.

The Committee received a report of the Executive Director, Community and Children’s Services, which provided an update on the windows surveys and condition reports.   Members noted the RCC Chair’s comments earlier on the agenda and the Assistant Director’s response. 

RESOLVED, that – the report be noted.

Report of the Executive Director of Community and Children’s Services.

The Committee received a report of the Executive Director, Community and Children’s Services in respect of the outcome of the process to select a new service provider for the provision of a window cleaning contract across the Barbican Residential Estate.  Members noted that the contract would be for an initial six-year period, with an early termination for convenience after three years.  The Assistant Director accepted the RCC’s comments in respect of the delay and Members noted that there would be a joint panel for the mobilisation of the contract.

RESOLVED, that:

1. The tender submitted by All Clean London, in the sum of £1,503,110 over six years, be accepted and that they provide the window cleaning services for the Barbican Estate on an initial six-year period, with an early termination for convenience after three years.

2. That the Comptroller and City Solicitor be instructed to draw up the contract with All Clean London, subject to the leasehold consultation process and the 10-day mandatory standstill period referred to in this report having expired.

3. The current contract with Parkers be extended for a further month, to allow for an estimated contract start date of 1 August 2023 and an adequate mobilisation period with All Clean London.

Report of the Executive Director of Community and Children’s Services.

The Committee received a report of the Executive Director, Community and Children’s Services, which is advised members of the current arrears in respect of tenants and leaseholders on the Barbican Estate.

RESOLVED, that – the report be noted.

Chairman to be heard.

The Chair thanked David Bradshaw for his work on the Barbican Security Committee and with the Police Strategic Planning and Performance  Committee, which had considered this matter at their last meeting.   The Interim Estate Office Manager advised that the November RCC and BRC meetings would receive more detailed reports.

The Interim Estate Manager had also liaised with 13 City Corporation departments and it transpired that some of the anti-social behaviour issues would be defined as ‘nuisance’ under current legislation.    However, David’s work has resulted in more robust communications and an actions tracker for progressing work on byelaws and data collections.  

Executive Director of Community and Children’s Services to be heard.

The Interim Estate Manager advised that document discovery is ongoing and she would be making  a final referral, to the City Solicitor, in respect of historic draft questions to the Court of Common Council about the terms of the Lease.  The next meetings of the RCC/BRC would receive a full report.  

Executive Director of Community and Children’s Services to be heard.

The Interim Estate Manager advised that document discovery is ongoing and she would be making  a final referral, to the City Solicitor, in respect of historic draft questions to the Court of Common Council about the terms of the Lease.  The next meetings of the RCC/BRC would receive a full report.  

Executive Director of Community and Children’s Services to be heard.

Member noted that they would receive a full report at the November/December meetings of the RCC/BRC.

There were no questions.

 The Chair agreed to accept the following items of urgent business:

(a)        Water Penetration

Members noted the points raised during the RCC Chair’s presentation and the work undertaken by the Ben Johnson House Group.  The Assistant Director advised that there would be a survey of balconies on all blocks to see whether the works should be brought forward as a programme, rather than piecemeal.   The Assistant Director would also be arranging a meeting with the relevant House Groups to discuss the points raised.  Members were asked to note that  leaks on the Barbican can be difficult to isolate and the works might need a specialist contractor. 

(b)       Notice of intention to enter into a Qualifying Long Term Agreement. 

Members noted that this would be a Corporate contract, replacing the current Hays contract.  Consultation is required where the costs for any leaseholder is over £100 in any year.  This limit is likely to be reached when there are agency staff employed to cover vacant posts, particularly in the towers. Agency staff are also used to cover holidays and sickness for concierge staff.  

However, there are overall budget constraints for staff costs and information on the use of agency staff and overtime is provided to the Service Charge Working party, which is looking to reduce the use of overtime and agency staff in the concierge services by the recruitment of pool staff.

Once the first stage consultation is completed, the City will have due regard to comments received. The second stage post-tender consultation will include a summary of observations, details of costs and invite further observations. At this stage, leaseholders will also have the opportunity to inspect the tender documents.  The Governance process is via the Finance Committee but reports would also be presented to the BRC/RCC for information.  Whilst accepting that

MOTION – That under Section 100(A) of the Local Government Act 1972, the public be excluded from the meeting for the following item(s) on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of the Schedule 12A of the Local Government Act.

Item                                             Paragraph

RESOLVED, that - under Section 100(A) of the Local Government Act 1972, the public be excluded from the meeting for the following item(s) on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of the Schedule 12A of the Local Government Act.

Item nos                     Para nos

25-30                           1,2 & 3

The non-public minutes and summary of the meeting held on 20 March 2023 be approved.

RESOLVED, that – the non-public minutes of the meeting held on xx March 2023 be approved.

Report of the Executive Director of Community and Children’s Services.

The Committee considered and approved a report of the Executive Director, Community and Children’s Services in respect of 4 rent renewals and agreed to delegate authority to the Town Clerk, in consultation with the Chair and Deputy Chair of the BRC in respect of a 5^th renewal.

Report of the Executive Director of Community and Children’s Services.

The Committee received a report of the Executive Director, Community and Children’s Services.

There were no questions

One item was consider whilst the public were excluded.

Report of the Executive Director of Community and Children’s Services.

This report was approved under agenda item 8 and the RCC’s Resolution noted.

Report of the Executive Director of Community and Children’s Services.