Brighton & Hove City Council
Policy, Resources & Growth Committee
4.00pm11 July 2019
Council Chamber, Hove Town Hall
MINUTES
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Present: Councillors Platts (Chair), Yates (Deputy Chair), Mac Cafferty (Opposition Spokesperson), Childs, Clare, Shanks, Hugh-Jones, Mears, Pissaridou and Wares
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PART ONE
1 Procedural Business
(a) Declarations of Substitutes
1.1 Councillor Hugh-Jones was present in substitution for Councillor Gibson.
Councillor Mears was present in substitution for Councillor Janio.
Councillor Pissaridou was present in substitution for Councillor Moonan.
Councillor Wares was present in substitution for Councillor Bell.
(b) Declarations of Interest
1.2 There were no declarations of interests in matters listed on the agenda.
(c) Exclusion of Press and Public
1.3 The Committee considered whether the press and public should be excluded from the meeting during the consideration of any of the items listed on the agenda.
1.4 RESOLVED: There were no part two in the agenda.
2 Minutes
2.1 RESOLVED: That the Minutes of the meeting held on 21 March 2019 be agreed and signed as a correct record.
3 Chair's Communications
3.1 The Chair gave the following communication –
Good afternoon everyone. I’m Nancy Platts and I’m honoured and proud to be the Leader of Brighton & Hove City Council. I’m delighted to welcome you all to this, the first meeting of the Policy, Resources and Growth committee since the recent local elections.
I’d like to begin by thanking all of our dedicated and hardworking officers for helping us as a new administration. They have set up superb induction and training sessions to help the many new Councillors effectively represent their Wards and become fully involved in their committee roles. We are all grateful to you.
I’d also like to say that I’m very much looking forward to working with all the members who sit on this extremely important committee. We, the councillors sitting here, have the responsibility of driving forward and delivering what we think are the priorities for the city. These are:
Hundreds of more new affordable homes that are so desperately needed in our city.
Enabling a thriving and dynamic local economy for the benefit of everyone living in the city and
Starting the crucial work which will see Brighton & Hove become carbon neutral by 2030.
We also have a duty to our residents, businesses and visitors to ensure we are a well-run, efficient and effective council at the heart of a vibrant and progressive city.
Despite this council and the whole of local government still being in the vice-like grip of austerity, and forecasts showing the future looks even tougher. This committee must work together to deliver a robust, yet sensible council budget while ensuring we’re looking after the city’s most vulnerable people. Austerity plus inadequate planning and national housing policy has created a visible homeless community in our city.
We have young people and adults on low incomes; sofa surfing - a huge hidden homelessness problem. This is shameful and everyone in this city needs to own that and be part of the solution. People see Brighton and Hove as a wealthy city, it’s an expensive place to live but wages have not kept up with house prices. The wealth created in our city needs to be more equally shared. We can start by fairly paying people for the work they do - last year we made an impact by calling for an end to Unpaid Trial Shifts and signing up another 100 employers to the Living Wage Campaign.
I want to bring in new investment and deliver more space so that our many small businesses can grow and employ more people.
One of the other issues at the top of my agenda for the next four years – the term of this administration – is climate change. I want to pay tribute to the young people of our city who have led the way in raising awareness. I will be asking to meet with them to hear their ideas - they need to be at the heart of our thinking. I’ve been pleased to receive many positive emails and messages from individuals and community groups about our commitment to a climate change assembly. It is heartening that so many people want to be involved in this project and I am excited about getting started.
There’s no doubt we will have many challenges and issues to resolve.
But there are also so many positives to look towards, both now and in the future.
· Planning permission was yesterday granted for almost 250 low cost homes near Coldean Lane as part of the Home for Brighton & Hove / Hyde Group partnership. The partnership with Hyde will see 1,000 affordable homes being built across the city
· We are also working towards becoming a pesticide-free city within three years;
· We’re developing a number of initiatives which will help reduce emissions and improve air quality in the city;
· The Valley Gardens scheme will also help reduce emissions and transform this part of the city.
· As will the new 200 electric car charging points that are due to be installed throughout the city this autumn
· And we’ll soon be starting the first phase of the Madeira Terrace restoration project.
Added to that, our summer events calendar is in full swing with our third Disability Pride this Sunday at Hove Lawns.
While many coastal towns and cities are finding life difficult, we should all be proud that Brighton & Hove is still growing, evolving and adapting. This committee must work together to ensure that this continues.
I’d like to inform those present that this meeting will be webcast live and will be capable of repeated viewing.
4 Call Over
4.1 RESOLVED: All items on the agenda were reserved for discussion.
5 Public Involvement
5 (a) Petitions
5.1 There were two petitions
5.2 The Committee considered a petition signed by 216 people requesting that the Council negotiate the return of the banner of the Brighton branch of the National Women’s Social & Political Union banner which was currently being displayed in Manchester, either permanently or on loan.
5.3 The Chair gave the following response:
Former Councillor Andy Durr donated the suffragette banner of the Brighton branch of the National Women’s Social & Political Union, an important object which represents a period of national importance in a local setting, to the People’s History Museum. People’s History Museum is the national museum of democracy. It tells the story of the development of democracy in Britain: past, present, and future. The Brighton suffrage movement is an important part of the national story and so it is fitting that the banner is based at the People’s History Museum. The People’s History Museum leads the way in terms of storage, conservation and display of banners and their staff are recognised nationally, across the sector, for their specialisms in this area. Displays of banners have to take into account conservation requirements as they have to have time when not on display so that they are conserved and preserved for future generations- so cannot be on permanent display.
Museums act together as the nation’s archive, caring for and interpreting our history through objects. Museums collaborate closely to ensure that they support each other to increase access to collections and develop new audiences. Loans between institutions are a major aspect of sector ethos and are expected by high profile funders and influencers such as Arts Council England and the Museums Association.
Museums have to plan their displays and exhibitions a number of years in advance and is currently exploring the opportunity to bring a British Library touring exhibition to Brighton Museum in Spring 2021. The working title of the exhibition is ‘Fight for Women’s Rights’. It explores the successes, struggles and untold stories of the fight for women’s rights. Royal Pavilion & Museums will have the opportunity to add relevant objects from its own collections Royal Pavilion & Museums would seek to borrow the Brighton Suffragette banner from the People’s History Museum for this purpose and initial conversations with People’s History Museum have resulted in confirmation that they are open to a future loan request for the banner. Therefore it is likely that the banner will be on display as part of this exhibition.
The proposed exhibition will invite visitors to discover how individuals and groups have challenged and changed attitudes toward women over the last 250 years. It will encourage intergenerational discussion and individual action to continue the fight for women’s rights, and will highlight how the fight for women’s rights can take many forms: from protest to podcasts, manifestos to music.
5.4 RESOLVED: That a report on this matter come to a future meeting of the committee.
5.5 The Committee considered a petition signed by 358 people requesting that the Council stop using schools as polling stations for local, national and European elections.
5.6 The Chair gave the following response:
The Council understands the difficulties caused to parents and children with the closure of schools on polling day. We have been unfortunate in that, in the last two to three months in addition to scheduled local elections, we have had the European Parliamentary elections, which means some schools had to close twice.
A full review of polling places within Brighton & Hove will have to take place before January 2020. A report is coming to this committee on 10 October with proposals. This will be preceded by a consultation period where proposals will be published and comments sought from electors, community groups and politicians. At the local and European Parliament elections in May, electoral services staff worked with schools to put in place measures to keep schools open and 7 schools remained fully or predominantly open. Any decision to close is always made by the Headteacher, not by the Council or Returning Officer. Following the election, electoral services staff have already visited one site that closed and found a workable solution to operate as a polling station and keep the school open.
Going forward, it would be unwise to completely rule out using schools as polling station as this may leave electors without a suitable venue to vote. With the geography of the city, the removal of schools as polling places could result in some electors having a potential walk of more than 25 minutes to another suitable site. However, the electoral services will always look to find alternative sites that do not impede electors from voting.
We will take this petition and any comments from parents and schools into account as part of the consultation process.
5.7 RESOLVED: That the petition be noted.
5 (b) Written Questions
5.8 There was one question.
5.9 The following question was submitted by Mr J Deans:
Commercial Leases
I have a list of over 800 commercial leases granted by BHCC, many are peppercorn or very low value to the city, will this committee undertake a lease by lease review to establish any that could be returned to council control then used to solve the housing crisis.
5.10 The Chair gave the following response:
We have a programme of reviewing the future use of all of our buildings whenever they become vacant and when we do so we consider whether those buildings can be better used to meet the city’s needs, including consideration of using them to tackle the housing crisis.
However a lease cannot be returned to council control unilaterally without a statutory or contractual mechanism to do so. In normal circumstances a tenant has the benefit of the lease for its duration and may also have a statutory right to renewal at the end of the lease.
A lease granted at a peppercorn or low rent is done so for a number of reasons. These reasons include but are not limited to:
· A lease granted for a premium, this is usually a long lease of 150-250 years
· A lease to facilitate development or investment for example major projects like Circus Street, Preston Barracks
· A lease granted for a non commercial use (eg community use) eg Open Market
A lease granted at a peppercorn or low rent is not without value to the council and the City. Given the purpose for granting such leases and the inability for them to be returned to the council control it is not considered beneficial to complete a timely lease by lease review.
The Council is delivering a programme of new council housing and will continue to actively explore ways to ensure that we use public land to deliver new housing and other community infrastructure whenever viable and appropriate.
5.11 Mr Deans asked the following supplementary question:
A temporary lease was issued last year for the former Dr Brighton’s public house, to a company which was only four days old. A valuation was given which was clearly wrong by £500k, as it was valued the same as the building next door which was half the size and terraced. I would like the committee to investigate what has been going on and what was going on with the assets of this city.
5.12 The Chair said that it would be appropriate for a written response to be provided. However, at the meeting the Assistant Director Property & Design said that the former Dr Brighton’s building was currently tenanted, it had been through a marketing exercise and was currently leased on a Tenancy-at-Will while the tenant’s lease was negotiated and drawn up. The building was not in a good state and the dilapidations were being considered. As it was tenanted it could not be used for other purposes. The valuation would be confirmed but it was in the region of £1m.
5 (c) Deputations
5.13 There were none
6 Member Involvement
6 (a) Petitions
6.1 There were none
6 (b) Written Questions
6.2 There were none
6 (c) Letters
6.3 There were none
6 (d) Notices of Motion
6.4 There were none
7 Constitutional Matters - Policy Resources & Growth Committee
7.1 The Committee considered the report of the Monitoring Officer which provided information on this Committee’s Terms of Reference and related matters including the appointment of its Urgency Sub Committee.
7.2 Councillors Mears and Shanks referred to the use of Urgency Sub Committees and noted that the Committee system was used to ensure an open and democratic process for discussing items and were concerned that the use of Sub Committees which were held in private did not do that. The Monitoring Officer said that Urgency Sub Committees were held under the same rules as all committees and would be held in public unless there was a Part Two item.
7.3 Councillor Clare asked why the Committee was called the Policy Resources and Growth Committee. She said that there was a climate emergency and you couldn’t have infinite growth with finite resources at the same time as taking steps to address the climate and biodiversity crisis. The Monitoring Officer said that only Full Council could change the name of a committee. He said there was a report on the constitution due to be considered at the next Full Council meeting and if there were cross party support there could be an officer amendment, or there could be a group amendment, to the recommendations in that report to change the title of this committee.
7.3 The Chair noted that there was an amendment from the Green Group and asked Councillor Clare to propose it.
7.4 Councillor Clare noted that although there were a relatively high number of women on this Committee, there was no representation from the Black and Minority Ethnic (BAME) community and so not representative of the City. The amendment requested that the Constitutional Working Group explore appointing a non-voting co-optee from the BAME community to this committee. Councillor Clare formally proposed the following amendment (changes in bold):
2.1 That the
committee’s terms of reference, as set out in Appendix A to
this report, be noted; and that the Constitutional
Working Group should explore:
- recruiting a non-voting co-optee to the new Policy &
Resources Committee from the Black and Minority Ethnic (BAME)
Community with the necessary further changes to the City
Council’s constitution needed through this;
2.2 That the establishment of an Urgency Sub-Committee consisting of the Chair of the Committee and two other Members (nominated in accordance with the scheme for the allocation of seats for committees), to exercise its powers in relation to matters of urgency, on which it is necessary to make a decision before the next ordinary meeting of the Committee be approved.
2.3 That a Personnel Appeals
Sub-Committee of Policy, Resources & Growth Committee be
established to deal with dismissal and grievance matters in
accordance with the Council’s constitution and HR
Procedures.
7.5 Councillor Mac Cafferty formally seconded the amendment.
7.6 Councillors Mears agreed with the sentiment of the amendment but suggested that other minority groups may also want to be represented through a non-voting co-optee.
7.7 Councillor Yates agreed with the amendment, and also understood Councillor Mear’s concerns, and said that it would be good for the Constitutional Working Group to review it.
7.8 The Committee voted on the Green Group amendment and it was agreed.
7.9 RESOLVED: That the Committee:
(i) That the committee’s terms of reference, as set out in Appendix A to the report be noted, and the Constitutional Working Group should explore:
- Recruiting a non-voting co-optee to the new Policy & Resources Committee from the Black and Minority Ethnic (BAME) Community with the necessary further changes to the City Council’s constitution needed through this;
(ii) That the establishment of an Urgency Sub-Committee consisting of the Chair of the Committee and two other Members (nominated in accordance with the scheme for the allocation of seats for committees), to exercise its powers in relation to matters of urgency, on which it is necessary to make a decision before the next ordinary meeting of the Committee be approved;
(iii) That a Personnel Appeals Sub-Committee of Policy, Resources and Growth Committee be established to deal with dismissal and grievance matters in accordance with the Council’s constitution and HR Procedures.
8 Annual progress update Corporate KPIs 2018/19
8.1 The Committee considered the report of the Executive Lead Strategy Governance & Law which reported on the Corporate Key Performance Indicators (KPIs) for the period 1 April 2018 to 31 March 2018. The report was introduced by the Head of Performance Improvement and Programmes.
8.2 Councillor Hugh-Jones was pleased that there had been an improvement in the percentage of household waste sent for re-use, recycling and composting and asked if that was a result of the introduction of a garden waste composting service, and understood that there was a long waiting list for the green waste bins. The Executive Director Economy Environment & Culture said that there had been good demand for the green waste bins, and work was being undertaken to improve the IT systems before the waiting list for those bins was re-opened.
8.3 Councillor Shanks was pleased to note the reduction of the number of children in care. However, she was concerned that the conception rate for under 18s had gone up which was against the national trend and asked if there was any reason for it. The Executive Director Families Children & Learning said that the targets were set by Public Health and it wasn’t an area he was particularly familiar with, but there was a two-year time lag on the data, and although it had increased it had not gone up significantly. He said that he would provide a written answer for Councillor Shanks.
8.4 Councillor Clare noted that residents who did not feel that they would have enough money to meet basic living costs in the coming 12 months were the least likely to say that they were well informed on services and benefits provided and noted the action points suggested in the report, and asked for confirmation that those people would be targeted. The Chief Executive said that the City Tracker results were from a random sample so weren’t from a particular target group and were anonymous and so we were using the data as a proxy indicator of where some of the challenges may be. When taking action the Council would be working with partners who would have more information on the needs of the different target groups and so through that process we should be sure that the right people were being helped.
8.5 Councillor Mears thanked officers for the report which provided a good overview of the city which was very useful for Members. She referred to the economy of the city and the need for it to be robust and to the action points which referred to a ‘circular and sustainable’ economy’ and asked for clarification on what that meant. Officers said that Item 13 on the agenda, which would be discussed later in the meeting, would be looking at that in more detail.
8.6 Councillor Mac Cafferty referred to the level of Nitrogen Dioxide in North Street and noted that the bus companies were looking at ways to mitigate the levels and asked if this could continue to be looked at. The Assistant Director City Transport said that they were working with the bus company to reduce the congestion. The air quality was improving, but the Local Transport Plan 5 will be looking at measure that could be taken to reduce it further.
8.7 RESOLVED:
That the Committee noted the progress made in relation to Corporate KPIs, particularly the corrective measures outlined for ‘red’ and ‘amber’ indicators, and further noted its role in providing support and challenge to lead officers to bring performance back on track.
9 Corporate Key Performance Indicator target setting 2019/20
9.1 The Committee considered the report of the Executive Lead Strategy Governance & Law which reported the draft Corporate Key Performance Indicator (KPI) and associated targets with rationales for the reporting year 2109/20. The report was introduced by the Head of Performance Improvement and Programmes.
9.2 The Chair noted that there was an amendment from the Conservative Group and asked Councillor Wares to introduce it.
9.3 Councillor Wares said that the collective decision for the city to be carbon neutral by 2030 was a key primary objective and, whilst there were a number of KPIs relating to this area, it would be useful to have a Corporate KPI see how we were performing. Councillor Wares proposed the following amendment (changes in bold).
2.1 That Policy, Resources and Growth Committee approve the Corporate KPI set and associated targets as set out in Appendices 2 (council indicators) and 3 (city indicators);
2.2 To note that target figures may change during the year if new benchmarking figures become available. PR&G approval will be sought at a future date if there is a proposal to change the set itself or the rationale for a particular target;
2.3 That Policy, Resource & Growth Committee agree in principle to include an additional Corporate KPI to measure performance of the council in respect to sustainability and carbon reduction to meet the objective of the City being carbon neutral by 2030.
2.4 That the details of the KPI be developed by the Cross-Party Working Group for agreement by Policy Resources & Growth Committee.
2.5 That future Corporate and City KPI reports are also reported to the relevant sub-committees with the frequency as outlined in paragraph 3.8.
9.4 Councillor Mears seconded the amendment.
9.5 The Monitoring Officer referred to the amendment 2.5, and suggested that it read ‘committee’ rather than ‘sub-committee’. Councillor Wares agreed to that change.
9.6 Councillor Yates said he agreed with the sentiment of the amendment but for 2.3 suggested an amendment to the wording to read ‘to measure the performance of the city’ rather than ‘to measure the performance of the council’. He formally proposed that 2.3 be amended to read:
2.3
That Policy, Resource & Growth Committee agree in principle to
include an additional Corporate KPI to measure performance of the
council city in respect to sustainability and carbon
reduction to meet the objective of the City being carbon neutral by
2030.
9.7 Councillor Childs seconded that amendment.
9.8 Councillor Hugh-Jones reassured colleagues that the KPI Cross Party Working Group were already looking at this area.
9.9 The Committee considered the amendment proposed by Councillor Yates and it was agreed.
9.10 The Committee considered the amendment proposed by Councillor Wares (as amended) and it was agreed.
9.11 RESOLVED: That the Committee –
(i) Approved the Corporate KPI set and associated targets as set out in Appendices 2 (council indicators) and 3 (city indicators);
(ii) Noted that target figures may change during the year if new benchmarking figures become available. PR&G approval will be sought at a future date if there is a proposal to change the set itself or the rationale for a particular target;
(iii) Agreed in principle to include an additional Corporate KPI to measure performance of the City in respect to sustainability and carbon reduction to meet the objective of the City being carbon neutral by 2030;
(iv) Agreed that the details of the KPI be developed by the Cross-Party Working Group for agreement by Policy Resources & Growth Committee;
(v) Agreed that future Corporate and City KPI reports are also reported to the relevant committees with the frequency as outlined in paragraph 3.8 of the report.
10 Our People Promise - An Update
10.1 The Committee considered the report of the Executive Director Finance & Resources which update the Committee on the progress of Our People Promise, the programme of work to implement a clear and improved offer from the Council to its staff, and to establish a fair and inclusive culture where expectations around we work were clear.
10.2 The Chair noted that there was an amendment from the Green Group and asked Councillor Hugh-Jones to introduce it.
10.3 Councillor Hugh-Jones referred to the recruitment process and a desire to make the workforce more reflective of the city. Many of the refugees who make their home here are highly qualified but due to the circumstances which led them to leave their homes, they may find it harder to produce the documents to show their qualifications and experience. The amendment encourages the Council to adopt a more flexible approach in those circumstances. The following amendment was proposed (changes in bold):
2.1 That the Policy, Resources & Growth Committee (PR&G) notes progress made over the last 12 months in implementing Our People Promise;
2.2 That PR&G approves the continuing programme of work on the council’s offer to its staff; and
2.3 That consistent with the city council’s long-standing commitment to a City of Sanctuary for refugees, the ‘Our People Promise’ is developed to explore effective methods to support the recruitment of refugee communities. Such work could also involve working with local community and diaspora groups to identify and address barriers refugees may face in council recruitment processes.
10.4 Councillor Mac Cafferty formally seconded the amendment.
10.5 Councillor Mac Cafferty referred to First Care and asked if it had been successful. Officers advised that since First Care had been introduced the level of absence had reduced by 5% (they said they would check that figure after the meeting), and senior managers were now better informed on the reasons for absence and those who had used the nursing service had reported that it had been useful.
10.6 Councillor Yates noted the amendment and said that the Labour Group would support it.
10.7 The Committee voted on the amendment and it was agreed.
10.8 RESOLVED: That the Committee –
(i) Noted progress made over the last 12 months in implementing Our People Promise.
(ii) Approved the continuing programme of work on the council’s offer to its staff.
(iii) Agreed that consistent with the City Council’s long-standing commitment to a City of Sanctuary for refugees, the ‘Our People Promise’ is developed to explore effective methods to support the recruitment of refugee communities. Such work could also involve working with local community and diaspora groups to identify and address barriers refugees may face in council recruitment processes.
11 Transport for The South East
11.1 The Committee considered the report of the Executive Director Economy Environment & Culture regarding the Transport for the South East (TfSE) Shadow Partnership Board’s proposal to Government for statutory status for (TfSE).
11.2 Councillor Mac Cafferty referred to bus services in the city and said that currently there was a local focus on good bus services in the City, and said that Brighton & Hove Bus Company were nervous of the role that TfSE may have in commissioning bus services and how that would impact on their service. The Assistant Director City Transport said that the Board had discussed bus routes, in particular cross border working that would allow more efficient pooling of resources to look at gaps across geographical boundaries which would help support communities in more rural areas. He advised the Committee that the Managing Director of Brighton & Hove Bus Company was a Board member.
11.3 Councillor Clare asked why Rail Franchises weren’t on the Board, and was advised the Network Rail were and they had influence over the franchisees.
11.4 RESOLVED: That the Committee –
(i) Welcomed the draft proposal to establish a Sub-national Transport Body for the South East, to be known as Transport for the South East (TfSE);
(ii) Agreed that the detailed points set out in paragraph 6 of the report form the basis of the council’s response to the Transport for the South East (TfSE) consultation document, and authorised the Chief Executive to submit the response on behalf of the council.
12 Premature Baby Leave
12.1 The Committee considered the report of the Executive Director Finance & Resources which set out the proposals for introducing a policy offering extended maternity and paternity leave to all staff who become parents of premature babies.
12.2 Councillor Childs supported the initiative and said the policy would support families during a stressful time, and the impact on the budget would be very small.
12.3 Councillor Wares noted that schools would be able to support the policy and asked if that were likely. The Head of HR said that they were being encouraged and it was hoped that they would adopt it, but it was their decision and officers didn’t want to pressurise them to do it.
12.4 RESOLVED:
(i) That Brighton & Hove City Council adopts the premature births leave policy, i.e. that an employee is given an additional days leave for every day that a premature baby is born prior to its due date.
(ii) That the council also adopts the ACAS guidance, with regard to supporting employees to attend medical appointments upon their return to work after having a premature baby.
(iii) That on adoption of this policy the council should seek to be accredited to the Employer with a heart Chartermark awarded by The Smallest Things campaign.
(iv) That schools be allowed to adopt this policy locally as they see fit, with a view to recommending schools adopt this policy within a reasonable timeframe.
13 Sustainability and Carbon Reduction Investment Fund: Next Steps
13.1 The Committee considered the report of the Executive Director Economy Environment & Culture which set out the process for commissioning, assessing, agreeing and monitoring potential projects to be supported by the Sustainability and Carbon Reduction Investment Fund (SCRIF). The Committee were advised that there was a typo in paragraph 3.8 and ‘net’ saving should read ‘gross’ saving.
13.2 The Chair noted that there was an amendment from the Conservative Group and asked Councillor Mears to introduce it.
13.3 Councillor Mears referred to the proposed borrowing of £565K for the installation of photovoltaic panels, and said that as this was a large amount of money and there should be more information on it. Councillor Mears formally proposed the following amendment (changes in bold):
2.1 That the Committee agrees that officers should continue to develop a Circular Economy Routemap focusing on two sectors initially: the built environment and construction; and the visitor economy (as set out in 3.10) and present a future report to the Committee relating to a final Circular Economy Route Map.
2.2 That the Committee agrees the process for commissioning projects to be funded by the SCRIF, as set out at 3.14, and agrees to the assessment criteria for considering which projects to take forward as shown in the template assessment sheet shown at Appendix 3.
2.3 That the Committee agrees to the establishment of a ‘task and finish’ Member Oversight Group for 6 months to consider all projects that are put forward for funding and approves the terms of reference at Appendix 1.
2.4 That the Committee approves the use of £500k of capital receipts to establish the SCRIF and agrees to delegate the decision to finance projects using the fund to the Executive Director, Economy, Environment & Culture, in consultation with the
Member Oversight Group agreed in recommendation 2.3.
2.5
That the Committee notes
the progress in planning the corporate solar photovoltaic (PV) work
outlined in 3.8 including the provisional identification of sites
and requests officers to provide a detailed report to a future
PR&G Committee to consider the expenditure of £565k of
Capital funding. ; approves the use of £565k of capital
borrowing in 2019/20, as set out in 3.7 and 3.8 to install
photovoltaic panels onto corporate buildings; and delegates the
decision to start the procurement process and award the contracts
to the Executive Director, Economy, Environment &
Culture.
13.4 Councillor Wares seconded the amendment.
13.5 Councillor Mac Cafferty referred to paragraph 3.8 and asked how that list had been compiled. He noted that similar plans under the earlier Green Administration were virtually stopped due to the sudden change in feed-in tariffs, and if preliminary studies into feasibility had been done. Officers advised that the buildings had been selected due to their high power consumption, those that had large and appropriate roofs and a mix of building types so the Council could see which ones worked best. With regard to feasibility, all new builds were assessed, and with regard to schools the Council had developed a lease agreement and they could now go ahead and purchase their own panels.
13.6 Councillor Mac Cafferty asked if the matter could remain under the oversight of this Committee, and the Chair agreed.
13.7 Councillor Yates referred to the amendment, and said that climate change was now an emergency and so was time critical and waiting for a further report would delay matters.
13.8 Councillor Mears referred to the list in paragraph 3.8 and had concerns over some of the buildings as the future use of Craven Vale and Knoll House was unknown, and additional agreement was needed for the Housing Centre and Withdean Sports Complex, and asked if there was an alternative list if those sites could not be used. Officers advised that if any site could not be used alternative buildings would be used.
13.9 Councillor Wares said that as the cost of the borrowing was £565k, it was important that full information be provided, not just two paragraphs in a report.
13.10 The Committee voted on the amendment and it was not agreed.
13.11 RESOLVED: That the Committee -
(i) Agreed that officers should continue to develop a Circular
Economy Routemap focusing on two sectors initially: the built environment and construction; and the visitor economy (as set out in 3.10) and present a future report to the Committee relating to a final Circular Economy Route Map.
(ii) Agreed the process for commissioning projects to be funded
by the SCRIF, as set out at 3.14, and agreed to the assessment criteria for considering which projects to take forward as shown in the template assessment sheet shown at Appendix 3.
(iii) Agreed to the establishment of a ‘task and finish’ Member
Oversight Group for 6 months to consider all projects that are put forward for funding and approves the terms of reference at Appendix 1.
(iv) Approved the use of £500k of capital receipts to establish the
SCRIF and agrees to delegate the decision to finance projects using the fund to the Executive Director, Economy, Environment & Culture, in consultation with the Member Oversight Group agreed in recommendation (iii).
(v) Noted the progress in planning the corporate solar
photovoltaic (PV) work outlined in 3.8 including the provisional identification of sites; approves the use of £565k of capital borrowing in 2019/20, as set out in 3.7 and 3.8 to install solar photovoltaic panels onto corporate buildings; and delegates the decision to start the procurement process and award the contracts to the Executive Director, Economy, Environment & Culture.
14 Use of Right to Buy receipts for appropriation of properties to the HRA and grant to Homes for Brighton & Hove Limited Liability Partnership (LLP)
14.1 The Committee considered the report of the Executive Director for Neighbourhoods, Communities and Housing regarding the forecasted underspend in the use of Right to Buy receipts for the final quarter of 2018/19.
14.2 Councillor Mears noted that the deadline for spending the Right to Buy receipts was close, and that this was a good use of the money.
14.3 Councillor Hugh-Jones welcomed the way the Executive Director had used her emergency powers to use the money.
14.4 RESOLVED: That the Committee -
(i) Noted that the following decisions have been taken by the Executive Director Neighbourhoods, Communities & Housing:
· appropriate Flat 1 Greenleas, Hangleton Valley Drive and The Bungalow, Drove Road Portslade from the General Fund to the HRA;
· to make a transfer from the HRA of £0.548m to the General Fund in consideration for the appropriation referred to above;
· to make a grant of £0.223m to the LLP.
(ii) Agreed that the general fund wpuld receive £0.112m less RTB receipts in 2019/20, therefore increasing the receipts available for use by the HRA.
15 Provision of drinking water fountains and bottle filling points in high footfall areas of the city
15.1 The Committee considered the report of the Executive Director Economy Environment & Culture regarding the provision of drinking water fountains and bottle filling points in high footfall areas of the City.
15.2 The Chair noted that there was an amendment from the Conservative Group and asked Councillor Wares to introduce it.
15.3 Councillor Wares referred to the Financial Implications in the report and said that if the intention was that SCRIF would fund the initiative it should say so in the recommendations, and that Option 2 with funding through sponsorship or advertising would be preferable. Councillor Wares proposed the following amendment (changes in bold)
2.1
That the Policy, Resources & Growth Committee approve option
1 2 which shall be funded from the Sustainability
& Carbon Reduction Investment Fund (SCRIF)
(subject to the process
agreed by the Committee in relation to the Sustainability and
Carbon Investment Fund report), to provide drinking water
fountains and bottle filling points in 6 x high footfall areas of
the City for a trial period of 3 years when the success of the
project will be reviewed and consideration given to increasing the
water fountain provision across the
City, this
will be the subject of a further report to Policy, Resources &
Growth Committee.
15.4 Councillor Mears seconded the amendment.
15.5 Councillor Pissaridou said that it may be possible to get funding through advertising or sponsorship, but it was appropriate to leave it to chance, and as the funding was available it should be used, and therefore she would not be supporting the amendment.
15.6 Councillor Mac Cafferty suggested that developers be encouraged to provide water fountains for new developments.
15.7 Councillor Clare felt that having six fountains was too few, and there would some areas of the city with no access to them. She asked why the trial was for three years. Officers advised that it would take time to install them all, and then the usage would need to be monitored.
15.8 Councillor Mears noted that there were no fountains planned for the east of the city and three years was a long time to wait to consider whether further sites should be used. Having advertising and sponsorship would generate money which would help pressure on budgets.
15.9 The Committee voted on the amendment and it was not agreed.
15.10 RESOLVED: That the Committee approved Option 1, to provide drinking water fountains and bottle filling points in six high footfall areas of the city for a trial period of three years when the success of the project would be reviewed and consideration given to increasing the water fountain provision across the city.
16 Use of Urgency Powers in Relation to Transport for Vulnerable Children and Adults
16.1 The Committee considered the report of the Executive Director for Families, Children & Learning which provided information about the procurement of a new Dynamic Purchasing System (DPS) for the provision of transport for vulnerable children and adults.
16.2 Councillor Mears was aware that there was a problem with the software today and asked for confirmation that it was now working correctly. She said that under the new proposals taxi drivers would no longer be able to go into schools with the children, but teachers would now have to come out to the vehicles and asked how that would impact on staff and whether the school’s insurance would cover it. There would be a range of transport used with very few taxis but more minibuses and coaches. As larger vehicles could carry more children, and would therefore do multiple pickups, it would take much longer to get all the children onboard (average time of 10 minutes to load each wheelchair) which would mean that some children would have to leave home much earlier and would get home later. The report said that without a change to the current system the Home to School budget was forecast to overspend in 2019/20 by £346k and last year there was an overspend of £210k, but in the TBM 2 report (due to be considered at this committee at its meeting next week) it showed an overspend of £332k, which was a difference of £14k. Councillor Mears noted there were 351 children with home to school transport, and she asked if that was the same number which had been budgeted for in the contracts four years ago, or were there now more children or did some of those now have more complex needs which would impact on the budget and cause an overspend. She said that the new proposals were concerning and as Councillors were corporate parents she wanted to raise this as a corporate risk and did not want her name attached to them.
16.3 The Executive Director for Families, Children & Learning said that the TBM report assumed some savings which would be delivered by the new scheme, but the bulk of the savings would kick in for the next financial year. The overspend for this year was due to the cost of the infrastructure, the software, additional staff etc. However, for future years there would be a significant reduction in costs and by year three it was anticipated that there would be a saving of £620k per annum. With regard to the length of time children would be in a vehicle, there were strict guidelines which were always adhered to. He said that he was not previously aware that some transport providers were taking children into schools, and it had come to his attention following a safeguarding issue; drivers were not supposed to take children into school and there were also some insurance implications attached to them doing so. A school was responsible for children as soon as they arrived on site. The number of children using home to school transport fluctuated, and four years ago there were around 350 users. With regard to the software, there were two e-tendering processes which were taking place today, one this morning and one this afternoon. The activity which was taking place this morning was initially paused and then cancelled as some operators were unable to log onto the system, but the one this afternoon ran correctly and officers were confident that the system now worked correctly. The tendering process due to be held this morning would be rescheduled and all operators were aware of that change. The officer did not have the exact number of children who were in the contract last year but said it did fluctuate each month and so there was never a set figure, but four years ago there were around 350 -370 students who required assistance with transport.
16.4 Councillor Mears referred to drivers taking children into school and said that had been happening for a number of years, and it had only been raised after there was a question about insurance not safeguarding. The TBM report which was due to be considered at this committee next week gave the number of children using home to school transport as 351 but there was no information about their complex needs. She said that she would like to know when this contract was set four years ago how many children did it cover and did those children then develop more complex needs which would have made it more expensive. Councillor Mears accepted officers would not have that information to hand and asked for a written response. The Executive Director for Families, Children & Learning agreed to provide a written response re the number of children in the contract four years ago. With regard to drivers taking children into schools, the expectation was that school staff should be doing that and he had not been aware that drivers were doing so and was concerned that they had. It had come to light from a question about insurance, but issues about safe guarding were then raised, and it had now been made clear to transport providers that schools were responsible for children as soon as they arrived at school.
16.5 Councillor Childs (Chair of Children Young People & Skills Committee) said the welfare and wellbeing of children was very important. A number of questions had come in from trade unions, councillors and residents and they had been responded to in great detail and he had seen no evidence that the children were at risk or that the proposals would lead to a diminution of the services that were provided. However, he had seen evidence that would suggest that a number of local monopolies were seeking to retain their contracts with the Authority. One of the priorities of this administration was to open up the commissioning process to a variety of smaller local based companies and to increase competition. He said that the Authority was faced with a massive funding shortfall and any opportunity to redirect money to other frontline services must take precedence over lavish contracts for petty bourgeois monopolies.
16.6 Councillor Shanks asked how the tendering process worked, and if children would have different drivers each day. The Executive Director for Families, Children & Learning said the tendering process was for a four-year period, and the expectation was that the same driver would take the child to and from school each day. Once a driver had been approved they would be expected to meet the parents. The first phase was to identify who would be available and then have an e-tendering process or auction for each route.
16.7 Councillor Wares said that he had received a large number of emails about this matter and therefore had many questions for officers. He confirmed to the Chair that he had ten questions, which the Chair felt, that as the committee still had a number of items to consider, was too many, and therefore said that he could ask one question and any further ones would receive a written response. Councillor Wares advised the Committee that the Conservative Group had put in a request to the Chief Executive for an internal audit or investigation into this matter. He objected to the reference ‘lavish contracts for petty bourgeois monopolies’ and said that it was inappropriate to refer to local businesses who had served this city so well over many years in that way.
16.8 Councillor Wares said that he had been told that this was a four-year contract and then told that the Council would have a break clause, so after a year it would be reviewed. He had asked officers if the service may be brought in-house and was told it wouldn’t. Senior Councillors then said that there were discussions with officers to bring the service in-house. The Executive Director for Families, Children & Learning confirmed that it was a four-year contract. He said that over four years the children would change and so the routes in year one would not be the same as those in year four. The intention was to get those contracts in place for September 2019. With regard to bringing the taxi service in-house, he could see no scenario when that would be done. However, some children required a vehicle passenger assistant, and there may be some discussion in the future over whether that service could be brought in-house.
16.9 Councillor Wares put the following questions for a written response:
· Can you confirm that in the four year contract no part of the service would be brought in-house?
· At what point were the Licensing Team involved in advising the consultants on matters regarding the types of vehicles Blue Book and other safety features that taxis and private hire vehicles to work to?
· Can you confirm that prior to any operator working in the city, regardless of where they come from, that they will fully compliant with the Blue Book?
· Can you confirm that any discrepancies in the Blue Book will be dealt with by the Licensing Team prior to a vehicle entering onto our streets?
· Can you provide the business case that supports a DPS, given that this committee did not previously approve the use of a DPS with a contract value of £20m over a four-year period?
· Can you provide details of the Edges contract, how they were procured, what they are being paid and over what period? This may be a Part Two matter.
16.10 Councillor Childs said that if there were a choice between money for vulnerable children or money for contracts which he felt were poor value for money, he would always support officers in redirecting that money to the children. He asked what the estimated budget saving would be over the next three years with the new commission process. The Executive Director for Families, Children & Learning said the estimated savings were - Year 1, small saving due to significant investments, Year 2, £270k and Year 3 £620k.
16.11 RESOLVED: That the Committee noted the decision had been taken by the Executive Director Families, Children & Learning to procure and award a Dynamic Purchasing System (DPS) and call off contracts for the provision of transport services for vulnerable children and adults with a team of up to four years.
17 Energy Procurement Strategy - Award of Supply Contracts
17.1 The Committee considered the report of the Executive Director Economy, Environment & Culture which sought delegate authority to re-procure Brighton & Hove City Council’s electricity and gas supply requirements from 1 October 2020.
17.2 The Chair noted that an amendment had been submitted by the Green Group and asked Councillor Mac Cafferty to propose it.
17.3 Councillor Mac Cafferty said that this was an opportunity for the Council to intervene in the market and to use our purchasing power for the good of our planet. There were good financial reasons for looking at alternative models, and the City had some great local energy cooperatives, and we could reduce our reliance on fossil fuel and save money at the same time. The following amendment was proposed (changes in bold)
2.1 Grants delegated authority to the Executive Director Economy, Environment & Culture to procure and enter into call off contracts using the Crown Commercial 261 Services framework for the Supply of Energy and Ancillary Services (RM6011) as follows:
(i) a call-off contract for Half Hourly and non-Half Hourly electricity and ancillary meter management and automatic meter reading data services with a maximum term of four years; and
(ii)
a call-off contract for gas and ancillary meter management and
automatic meter reading data services with a maximum term of four
years
(iii)
evaluate the comparison prices between an 100% Green tariff and
a Brown tariff make a a value for money decision
based on the environmental as well as economic objectives
of the city council, affordability of
prioritising Green energy within existing energy
budgets
(iv)
evaluate the various ‘basket’ options including
fixed and flexible pricing and the length of the contracts in
consultation with the respective budget holders and make a value
for money decision based on the environmental as well as
economic objectives of the city council, prioritising
fuel-efficient and ‘green’ options within existing
energy budgets
2.2 That committee agrees that the future review of energy supply contracts should explore an energy procurement strategy that supports local community energy providers.
17.4 Councillor Hugh-Jones formally seconded the amendment.
17.5 Councillor Wares noted that the energy contracts had recently been reviewed, and this would therefore not apply for another four years.
17.6 Councillor Yates noted that by using ‘Green’ tariffs there would be additional costs of £102k and asked if that was against an expectation of increased costs over time. Officers advised that that was an estimated cost.
17.7 Councillor mac Cafferty referred to the amendment and suggested that in 2.2 “the future review” be changed to read “any future review”.
17.8 The Committee considered the amendment (together the slight change), and it was agreed.
17.9 RESOLVED: That the Committee agreed -
1. To grant delegated authority to the Executive Director Economy, Environment & Culture to procure and enter into call off contracts using the Crown Commercial 261 Services framework for the Supply of Energy and Ancillary Services (RM6011) as follows:
(i) a call-off contract for Half Hourly and non-Half Hourly electricity and ancillary meter management and automatic meter reading data services with a maximum term of four years; and
(ii) a call-off contract
for gas and ancillary meter management and automatic meter reading
data services with a maximum term of four years
(iii) evaluate the
comparison prices between an 100% Green tariff and a Brown tariff
make a decision based on the environmental as well as economic
objectives of the City Council, prioritisingGreen energy within
existing energy budgets
(iv) evaluate the various ‘basket’ options including fixed and flexible pricing and the length of the contracts in consultation with the respective budget holders and make a decision based on the environmental as well as economic objectives of the City Council, prioritising fuel-efficient and ‘green’ options within existing energy budgets
2. That any future review of energy supply contracts should explore an energy procurement strategy that supports local community energy providers.
18 Constitution Review
18.1 The Committee considered the report of the Executive Lead Strategy Governance & Law, which set out the proposed changes to the Council’s Constitution. The proposals set out in the report had been considered by the cross-party Constitutional Working Group and by the Leaders Group.
18.2 The Chair noted that an amendment to the recommendations had been put forward by the Green Group and asked Councillor Mac Cafferty to propose the amendment.
18.3 Councillor Mac Cafferty said that the Policy Resources & Growth Committee already had to consider a large amount of issues, which included detailed financial matters, and to take on additional work relating to major builds and environmental development issues was perhaps too much, and it would be better for the lower committees to scrutinise matters which related to its own areas of work first before coming to this committee. Councillor Mac Cafferty proposed the following amendment (changes in bold):
Policy, Resources & Growth Committee:
2.1 That the proposal in paragraph 4.8 of the report that elected members be encouraged to provide sufficient detail so that the nature and parameters of oral questions to Full Council are clear be noted;
2.2 That the principles relating to elected member working groups as set out at paragraphs 4.9 to 4.10, the list of permanent working groups as set out in Appendix 1 and the Terms of Reference as set out at Appendix 2 be agreed;
2.3 That the amendments to officer delegations as set out at paragraphs 4.16-4.18 and the approach to the inclusion of Brexit implications as appropriate in committee reports as set out in paragraph 4.19 be agreed;
2.4
That Full Council be
recommended to approve the proposed changes to the Council’s
Constitution set out at paragraphs 4.1-4.4 (Planning Committee
delegations); 4.5-4.7 (Written Questions); 4.11-4.13 (Committee
Delegations); 4.20 (reporting by sub-committees to parent
committees) 4.21 (External bodies reporting to Full Council); 4.22
(Alliances, Charters and Pledges); 4.23 (Council Procedure Rules
– definition of Council meeting); and 4.26 (discontinuation
of the Orbis Public Law Joint Committee.) except
that:
- 4.11 and 4.12 are amended to retain the Economic Growth and
Regeneration and Major Built Environment Projects portfolio within
the remit of the new Tourism, Equalities, Communities and Culture
committee and not pass these delegated functions to Policy and
Resources Committee.
2.5 That the Executive Lead Officer for Strategy, Governance & Law be authorised to agree necessary modifications to the inter-authority agreement between Brighton & Hove, East Sussex County Council, Surrey County Council and West Sussex County Council
Full Council
2.6 That the proposed changes to delegations to Planning Committee as set out in paragraphs 4.1 to 4.4 of the report be approved;
2.7 That the proposal to clarify the mechanism for responding to written questions from elected members at Council Committees (and sub-committees) set out in paragraph 4.5-4.7 of the report be agreed;
2.8 That the review of Committee functions as set out at paragraphs 4.11 to 4.13 including the establishment of a new Tourism, Equalities, Communities & Culture Committee and the discontinuation of the Orbis Joint Committee (as set out in paragraph 4.26) be agreed;
2.9 That the changes to Council Procedure Rules to reflect the approach to reporting by sub committees to parent committees as set out at paragraph 4.20 of the report be agreed;
2.10 That it be agreed to invite both East Sussex Fire and Rescue Service and the Sussex Police and Crime Panel to present an Annual Report to Full Council as set out at paragraph 4.21 of the report;
2.11 That decisions to commit the Council to the principles or membership of alliances, charters and pledges should be reserved to Full Council and that this approach be kept under review and any impact on Council business assessed as set out at paragraph 4.22 of the report;
2.12 That the Council Procedure Rules be amended to ensure a consistent definition of “Council meeting” as set out at paragraph 4.23 of the report.
Policy, Resources & Growth Committee and Full Council
2.13 That the Chief Executive and Monitoring Officer be authorised to take all steps necessary or incidental to the implementation of the changes agreed by the Policy, Resources & Growth Committee and by Full Council, and that the Monitoring Officer be authorised to amend and re-publish the Council’s constitutional documents to incorporate the changes;
2.14 That the proposed changes come into force immediately following their approval by Policy, Resources & Growth Committee or adoption by Full Council, as appropriate.
18.3 Councillor Clare seconded the proposed amendment.
18.4 Councillor Wares noted that the Constitutional Working Group had spent a considerable amount of time considering the changes and they had felt that the allocation of work was correct. He asked the Monitoring Office how seats would be allocated on the new Tourism, Equalities, Communities and Culture (TECC) Committee. The Monitoring Officer said that the report which would go to Full Council would have the seat allocation and said that it would be inline with the other committees, and would most likely be 4 for Labour Group, 3 for Green Group and 3 for Conservative Group.
18.5 Councillor Yates referred to Recommendation 2.8 and asked if it should refer to the ‘discontinuation of the Orbis Public Law Joint Committee’, and the Monitoring Officer confirmed it should. He said the proposals brought forward a number of positive changes, and that many of the development and environmental issues could still be considered at the new TECC Committee, and the intention was to avoid reports being referred to a number of committees before a decision could be made. Being able to separate some of the work into the different boards which would be set up, would enable members who were more local to those projects to engage better with them.
18.6 Councillor Hugh-Jones said that at the moment there wasn’t enough clarity about the boards, how big a project would need to be to justify having its own board, who would sit on them etc. and until that was agreed it would be preferable for the committees to retain their current remit. The Executive Director Economy Environment & Culture said that currently the members of the Strategic Delivery Board which oversaw all the major projects from a strategic point were made up of members from this committee. In addition, the terms of reference allowed for specific cross-party project boards to be established to oversee major projects, and custom and practice was to allow local Ward Councillors to be on those boards.
18.7 Councillor Mears said that she was a member of the current TD&C Committee and felt that members on that committee did not always fully discuss those reports where they could not make a final decision, and it would therefore be preferable for those reports to come straight to this committee where a decision could be made, and so she would not be supporting the amendment.
18.8 The Chair said that she had been a member of TD&C and said it was rare to have a report on a major project as they always went straight to this committee, and TD&C only received an update at the end of its meeting with no full report. It was therefore felt that it would better to set up major project boards which could include local councillors.
18.8 Councillor Yates referred to Appendix 2 to the report, which set out the Terms of Reference for the Strategic Delivery Board.
18.9 The Committee voted on the proposed amendment, but it was not agreed.
18.10 RESOLVED: That the Committee agreed -
1. That the proposal in paragraph 4.8 of the report that elected members be encouraged to provide sufficient detail so that the nature and parameters of oral questions to Full Council are clear be noted;
2. That the principles relating to elected member working groups as set out at paragraphs 4.9 to 4.10, the list of permanent working groups as set out in Appendix 1 and the Terms of Reference as set out at Appendix 2 be agreed;
3. That the amendments to officer delegations as set out at paragraphs 4.16-4.18 and the approach to the inclusion of Brexit implications as appropriate in committee reports as set out in paragraph 4.19 be agreed;
4. That Full Council be recommended to approve the proposed changes to the Council’s Constitution set out at paragraphs 4.1-4.4 (Planning Committee delegations); 4.5-4.7 (Written Questions); 4.11-4.13 (Committee Delegations); 4.20 (reporting by sub-committees to parent committees) 4.21 (External bodies reporting to Full Council); 4.22 (Alliances, Charters and Pledges); 4.23 (Council Procedure Rules – definition of Council meeting); and 4.26 (discontinuation of the Orbis Public Law Joint Committee.);
5. That the Executive Lead Officer for Strategy, Governance & Law be authorised to agree necessary modifications to the inter-authority agreement between Brighton & Hove, East Sussex County Council, Surrey County Council and West Sussex County Council;
Policy, Resources & Growth Committee and Full Council –
6. That the Chief Executive and Monitoring Officer be authorised to take all steps necessary or incidental to the implementation of the changes agreed by the Policy, Resources & Growth Committee and by Full Council, and that the Monitoring Officer be authorised to amend and re-publish the Council’s constitutional documents to incorporate the changes;
7. That the proposed changes come into force immediately following their approval by Policy, Resources & Growth Committee or adoption by Full Council, as appropriate.
19 Items Referred For Council
19.1 RESOLVED: That no items be referred to the Council meeting being held on 25 July 2019.
The meeting concluded at 8.00pm
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Signed
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Chair |
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Dated this |
day of |
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