Agenda for Policy & Resources Committee (pre 2015) on Thursday, 3rd December, 2015, 4.00pm
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Agenda, decisions and minutes
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Venue: Auditorium - The Brighthelm Centre
Contact: Ross Keatley Democratic Services Manager
Media
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Procedural Business (a) Declaration of Substitutes: Where Councillors are unable to attend a meeting, a substitute Member from the same Political Group may attend, speak and vote in their place for that meeting.
(b) Declarations of Interest:
(a) Disclosable pecuniary interests; (b) Any other interests required to be registered under the local code; (c) Any other general interest as a result of which a decision on the matter might reasonably be regarded as affecting you or a partner more than a majority of other people or businesses in the ward/s affected by the decision.
In each case, you need to declare (i) the item on the agenda the interest relates to; (ii) the nature of the interest; and (iii) whether it is a disclosable pecuniary interest or some other interest.
If unsure, Members should seek advice from the committee lawyer or administrator preferably before the meeting.
(c) Exclusion of Press and Public: To consider whether, in view of the nature of the business to be transacted, or the nature of the proceedings, the press and public should be excluded from the meeting when any of the following items are under consideration.
NOTE: Any item appearing in Part Two of the Agenda states in its heading the category under which the information disclosed in the report is exempt from disclosure and therefore not available to the public.
A list and description of the exempt categories is available for public inspection at Brighton and Hove Town Halls. Additional documents: Minutes: (a) Declarations of Substitutes
74.1 Councillor Meadows was present in substitution for Councillor Bewick.
(b) Declarations of Interest
74.2 There were no declarations of interests in matters listed on the agenda.
(c) Exclusion of Press and Public
74.3 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.
74.4 RESOLVED: That the press and public be excluded from the meeting during consideration of the items contained in Part Two of the agenda. |
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To consider the minutes of the ordinary meeting held on 15 October 2015 and the special meeting held on 4 November 2015 (copies attached). Additional documents: Minutes: 75.1 RESOLVED – That the Chair be authorised to sign the minutes of the ordinary meeting on 15 October 2015 as a correct record.
75.2 RESOLVED - That the Chair be authorised to sign the minutes of the special meeting on 4 November 2015 as a correct record. |
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Chair's Communications Additional documents: Minutes: 76.1 The Chair gave the following communications:
“I would like to welcome you all to our last P&R Committee of 2015 and to remind you today’s meeting will be web cast live and will be capable of repeated viewing.
Before we begin I would like to share the news that the council has now joined the international Rainbow Cities Network. For those who don’t know, the network is a group of council’s from cities all over the world who lead the way in LGBT policy and share good practice and learning with each other. We hope to build valuable international partnerships and work together to open up new funding streams that will enable us to stay at the forefront of equalities work.
Along with Brighton & Hove becoming a Rainbow City, something else that reemphasises our commitment to equality is the Accessible Volunteering Charter. This charter was brought to the council’s attention by The Fed and I am very happy to see them here today to witness the signing of the declaration.
This declaration ensures the council’s commitment to making volunteering opportunities accessible to people with disabilities and it is a commitment we will progress as part of the Citywide Volunteering Strategy working alongside our partners in the City Management Board. Of course we will have to take into consideration the financial and practical implications and the effect this will have on a timescale of achievements but we hope signing the Charter sends a clear signal of the council’s intent.” |
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Call Over (a) Items 80 – 92 and 94 (Part Two) will be read out at the meeting and Members invited to reserve the items for consideration.
(b) Those items not reserved will be taken as having been received and the reports’ recommendations agreed. Additional documents: Minutes: 77.1 The following items were reserved for discussion:
Item 80 Targetted Budget Management (TBM) 2015/16 Month 5 Item 81 Budget Planning & Resource Update – Integrated Service and Financial Plan Initial Proposals 2016/17 – 2019/20 Item 82 Council Tax Reduction Review Item 84 Life Events Fees and Charges for 2015/16 – 2016/17 Item 85 Support Functions Review Item 86 Construction Consultancy Framework Agreement Item 87 Procurement of Cash in Transit Services Item 88 Corporate Procurement of Renewable Electricity Energy Supplies Item 92 New England House & Longley Industrial Estate Item 94 New England House & Longley Industrial Estate – Exempt Category 3
77.2 The Democratic Services Manager confirmed that the items listed above had been reserved for discussion, and that the following reports of the agenda, with the recommendations therein had been approved and adopted.
Item 83 Treasury Management Policy Statement 2015/16 (including Annual Investment Strategy 2015/16) – Mid Year Review Item 89 Performance Update 2014/15 Item 90 Committee Timetable 2016/17 Item 91 Transitional Officer Arrangements for Finance & Resources Functions |
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To consider the following matters raised by members of the public:
(a) Petitions: to receive any petitions presented by members of the public to the full Council or as notified for presentation at the meeting by the due of (10 days);
i) Hold i360 to Account – Petition from Mr. R. Heale referred from the Council meeting held on the 22 October 2015 (copy attached).
(b) Written Questions: to receive any questions submitted by the due date of 12 noon on the 26 November 2015;
(c) Deputations: to receive any deputations submitted by the due date of 12 noon on the 26 November 2015.
ii) Support for a Community Café and Storage Space – Spokesperson Ms. S. Betts referred from the Council meeting held on the 22 October 2015 (copy attached). Additional documents: Minutes: a) Petitions
78.1 The Chair noted there was one petition referred from Council on 22 October 2015 in relation to ‘Hold i360 to Account’. As the lead petition was not present at the meeting the Chair agreed that the following responses to the matters raised in the petition would be included in the minutes as set out below:
1. The Council to use its powers, including bye-laws, to ensure that the area is protected, that minimal disruption is caused and that the interests of residents and small businesses are protected. 2. The Council to ensure that the current Planning Conditions are enforced and that these are strengthened where necessary. 3. The Council to ensure that there is no encroachment by the i360 LTD onto the beach and other areas of the seafront beyond the strict boundaries already agreed. 4. The Council to ensure that all relevant Legislation including Health and Safety Laws are adhered to. 5. The Council to apply all relevant financial penalties, Community benefits, Business Rates and other sources of income to ensure that any potential losses now or in the future are minimised.
1. “The Council has already been instrumental in ensuring that the residents and small business interests are kept up to date and informed about the activities taking place to build the i360. For example in May of this year before the beach landing we made sure that information was shared through a distributed pamphlet and social media. The team developing this site are bound by the same restrictions to protect amenity as all other developers in the City.”
2. “The Council is ensuring that details needed to meet the requirements of planning conditions are being submitted for approval to the Local Planning Authority in the normal way. If approved condition details are not implemented or are breached in any way the Local Planning Authority has the option to consider taking enforcement action.”
3. “There are no encroachment plans associated with the i360 project.”
4. “The Council does not police the developer, however in common with all development in the City and where relevant, and if they have responsibilities transport, planning and environmental health teams will monitor to ensure compliance with legislation and conditions.”
5. “In fact and as part of the agreement to loan £36.2m the council will receive a margin on top of the borrowing rate of 3.75% per annum worth approximately £1.1m per annum plus one off fees of about £1m which have already largely been received for setting up the deal. The council will also receive 1% of all ticket sales as part of the planning conditions as well as new income from business rates and a projected increase in car parking revenue from the Regency Square Car Park. Further income could be generated from new businesses that will open up or expand because of the additional footfall created by the i360. All of this was set out in the public report to Policy & Resources Committee on the 6 March 2014.”
78.2 RESOLVED – That the Committee note the petition.
c) Deputations
78.3 The Chair noted there was one deputation referred from Council on 22 October 2015 in relation to ‘Support for a Community Café and Storage Space’. The Chair then read the following response to the deputation:
“Council officers have contacted the Real Junk Food Company to better understand their accommodation requirements. The vacant kiosk at Saunders Park was offered as a possible opportunity; however the council is aware that this does not meet their requirements for seating and storage. At present the council does not have any other vacant units that would meet their needs but we are aware of their requirements and support their objectives. The council will show this opportunity at Saunders Park to the Real Junk Company for their review and keep them informed of any other opportunities that may occur.”
78.4 RESOLVED – That the Committee note the deputation.
78.5 The Chair noted there were no other petitions, written questions or deputations. |
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To consider the following matters raised by councillors:
(b) Written Questions: to consider any written questions;
i) Councillor Dick Page – Bus Service Operators’ Grant (copy attached). Additional documents: Minutes: 79.1 The Chair noted there was one written question from Councillor Page in relation to ‘Bus Service Operators’ Grant’, he asked Councillor Page to come forward and put his question to the Committee.
79.2 Councillor Page asked:
“Does the Administration support the Local Government Association (LGA)’s call, in their submission to the Government’s November spending review, for devolution to Councils of the Bus Service Operators’ Grant (a fuel rebate scheme), and for full funding of Concessionary Fares, to - as Cllr Peter Box (Conservative), LGA Transport spokesman, says - “protect cherished bus services and ease pressure on stretched Council budgets?”
79.3 The Chair gave the following response:
“We would very much welcome the full funding of concessionary fares by Government, so that our current spending in this area could be used to ease pressure on the council’s budget and protect the local bus services which we currently support. Although we would also welcome receipt of additional Bus Service Operators’ Grant income we are mindful that removal of this funding from bus operators could undermine their commercial networks, thus increasing the number of bus services that would require local authority support.”
79.4 By way of a supplementary Councillor Page asked if any commitment could be made to retain the 37B service in light of proposed changes to subsidised bus budget.
79.5 The Chair deferred the response to Councillor Mitchell, Chair of the Environment, Transport & Sustainability Committee, who stated that no decision would be made until the area wide review had taken place, which was normal in advance of new contracts being awarded. At this point in time it was not possible to say which services would require a subsidy.
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Targeted Budget Management (TBM) 2015/16 Month 7
Report of the Interim Executive Director for Finance & Resources (copy attached). Additional documents: Decision: 1) Note the forecast risk position for the General Fund, which indicates a budget pressure of £1.653m. This consists of £1.111m on council controlled budgets and £0.542m on the council’s share of the NHS managed Section 75 services.
2) Note the forecast for the Housing Revenue Account (HRA), which is an underspend of £0.512m.
3) Note the forecast for the Dedicated Schools Grant which is an underspend of £0.035m.
4) Note the forecast outturn position on the capital programme.
5) Approve the capital programme variations and reprofiles in Appendix 3 and new capital schemes in Appendix 4. Minutes: 80.1 Before the Committee considered the item thanks were extended by Members to the Interim Executive Director for Finance & Resources as 5 December was her last day with the organisation.
80.2 The Committee considered a report of the Interim Executive Director in relation to Targeted Budget Management (TBM) 2015/16 Month 5. The Targeted Budget Monitoring (TBM) report was a key component of the Council’s overall performance monitoring and control framework. The report set out the projected forecast risk as at Month 7 (October) on the Council’s revenue and capital budgets for the financial year 2015/16.
80.3 Councillor Sykes commented that the report was good news for the Council’s budget position, but it was clear there was still some risk. He expressed concern that some of the measures were not sustainable in the long term, such as holding positions vacant and delaying maintenance works to buildings. In response to questions from Councillor Sykes the Executive Director for Adult’s Services explained that the Resource Allocation Budget was set up to work out indicative budget options as budgets and options changed to become more personalised – where someone had an indicative budget and the need could not be met it was necessary to ensure there was budget to do this.
80.4 In response to concerns expressed by Councillor Wealls the Interim Executive Director for Finance & Resources explained that one off-decisions had been taken to help bring the budget position back into line this financial year and there was a crucial need to understand demand for future years.
80.5 Councillor Hamilton explained that it remained the position of the administration to keep the financial controls in place to ensure the budget came back into line by the end of the financial year.
80.6 The Chair then put the recommendations to the vote:
80.7 RESOLVED – That the Committee:
1) Note the forecast risk position for the General Fund, which indicates a budget pressure of £1.653m. This consists of £1.111m on council controlled budgets and £0.542m on the council’s share of the NHS managed Section 75 services.
2) Note the forecast for the Housing Revenue Account (HRA), which is an underspend of £0.512m.
3) Note the forecast for the Dedicated Schools Grant which is an underspend of £0.035m.
4) Note the forecast outturn position on the capital programme.
5) Approve the capital programme variations and reprofiles in Appendix 3 and new capital schemes in Appendix 4. |
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Report of the Interim Executive Director for Finance & Resources (copy attached). Additional documents: Decision: 1) Notes the updated forecasts for resources and expenditure for 2016/17 and an estimated budget savings requirement for 2016/17 based on two council tax propositions.
2) Notes the approach taken to identifying savings in the context of the council’s draft Corporate Plan and Medium Term Financial Strategy.
3) Notes the detailed draft proposals for savings in 2016/17 towards meeting a budget gap based on a council tax increase of 1.99% or a council tax freeze.
4) Notes the 4 year Service & Financial Plans and projected 4-year draft savings proposals at Appendices 1 and 2.
6) Notes the indicative allocations of one-off resources for 2016/17 set out in table 1 subject to the identification of sufficient further one-off resources to fund the proposed allocations.
7) Notes the update on the HRA budget set out in paragraphs 3.27 to 3.30.
8) Notes the Capital Investment Programme update set out in paragraphs 3.31 to 3.33. Minutes: 81.1 The Committee considered a report of the Interim Executive Director for Finance & Resources. The report set out the draft 4 Year Service & Financial Plans that included detailed savings for 2016/17 and summary savings totals for the remaining 3 years to 2019/20. Proposals were presented in this way, as although savings over 4 the year period could be reasonably assessed, the exact profile and timing of savings in later years might fluctuate.
81.2 Councillor Sykes highlighted that the difficult budget position before the Council was the direct result of policy from National Government; however, the situation had been made worse both the Labour and Conservative Groups backing a Council Tax freeze during the previous Green Administration leading to under inflation Council Tax rises; furthermore the proposed reduction in the Council Tax Reduction Scheme would impact some of the poorest families in the city. Whilst the Green Group considered some areas to be sensible, such as the 4 year budget planning, they considered the reduction in the level of scrutiny and consultation, given the size of the proposed cuts, to be unacceptable. Councillor Sykes also asked that the Leader do more to challenge Central Government on the difficult financial position for the authority.
81.3 Councillor G. Theobald took the opportunity to thank the outgoing Interim Executive Director for Finance & Resources for her commitment to the authority over the last 12 months.
81.4 Councillor G. Theobald went on to add that the Administration needed to do to find innovative and creative solutions to address the budget gap and be more forthcoming about their priorities. He stated that the Conservative Group had considered abstaining, but would support the recommendations on the basis of the information contained in the report.
81.5 Councillor Mac Cafferty echoed the remarks made by Councillor Sykes, and went on to state that the Administration were front loading cuts without enough consultation; he felt this approach was too much and too soon. In relation to consultation he stated that a proposed Green amendment at the June meeting of the Committee had not been agreed and the Administration were seeking to impose some of the biggest cuts to the budget with reduced consultation. He also expressed concern in relation to changes to the libraries services and subsidised bus services, and argued that many of the poorest families in the city would be hardest hits by budget savings.
81.6 Councillor Janio highlighted that budget position would have been equally as challenging for whichever party formed the Administration following the May Local Elections; he hoped that all Groups could work together to form sensible proposals to deliver the necessary budget savings, though he queried if the 2016/17 programme was too ambitious.
81.7 Councillor A. Norman echoed comments from other Members within her group; she added that some of the proposals to change how services were delivered were in line with service users wishes.
81.8 The Chair highlighted that the proposed consultation was set out in the report, and added that he had recently met with the Secretary of State for Communities & Local Government and highlighted the very difficult position in relation to the authority’s finances. He went on to state that the proposals in the report would go most of the way to achieving the necessary savings; however, the full settlement would not be known until just before Christmas. He highlighted the city innovation challenge that would run as means to unlock potential creative solutions to help keep services running – offering five £1,000 prizes for the best ideas.
81.9 Councillor Hamilton stated that he had listened to the other points in the debate and hoped that the other Parties could support the proposals. In relation to the current overspend he was hoping this could be rectified in year, and noted that at this point the budget was still interim as many aspects were not known in full.
81.10 The Chair then put the recommendations to the vote.
81.11 RESOLVED – That the Committee:
1) Notes the updated forecasts for resources and expenditure for 2016/17 and an estimated budget savings requirement for 2016/17 based on two council tax propositions.
2) Notes the approach taken to identifying savings in the context of the council’s draft Corporate Plan and Medium Term Financial Strategy.
3) Notes the detailed draft proposals for savings in 2016/17 towards meeting a budget gap based on a council tax increase of 1.99% or a council tax freeze.
4) Notes the 4 year Service & Financial Plans and projected 4-year draft savings proposals at Appendices 1 and 2.
6) Notes the indicative allocations of one-off resources for 2016/17 set out in table 1 subject to the identification of sufficient further one-off resources to fund the proposed allocations.
7) Notes the update on the HRA budget set out in paragraphs 3.27 to 3.30.
8) Notes the Capital Investment Programme update set out in paragraphs 3.31 to 3.33. |
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Council Tax Reduction Review
Report of the Interim Executive Director for Finance & Resources (copy attached). Additional documents: Minutes: 82.1 The Committee considered a report of the Interim Executive Director for Finance & Resources in relation to Council Tax Reduction Review. The Council introduced a local Council Tax Reduction scheme from 1 April 2013 as a result of national changes localising the previous Council Tax Benefit system. Under legislation the Council Tax Reduction Scheme had to be reviewed each year. The purpose of the report was to set out that review the resulting recommendations.
82.2 Councillor Mac Cafferty expressed concern in relation to the report as he felt it would have an adverse impact on some of the poorest residents in the city; he felt the full implications of the decision before the Committee were not clearly set out in the report; which could lead to potential legal challenge and the conclusions drawn in the report did not reflect the consultation responses that had been received. Councillor Mac Cafferty reiterated his concern that the report did not accurately reflect the full impact of the proposed decisions.
82.3 In response to the issue of potential legal challenge the Head of Legal & Democratic Services stated he was of the view that the Council had complied with the legal requirement to consult.
82.4 Councillor Sykes stated that the report needed to be considered in the context of the reduction in support from Central Government and the impact would be felt by the poorest families in the city; he highlighted the further complication of the issue when personal allowances were considered. He stated that increasing the minimum liability made it more difficult for families when Council Tax was increased and reduced the flexibility to be more creative with how Council Tax operated.
82.5 Councillor Hamilton highlighted that consultation had been undertaken with every recipient of Council Tax Reduction, but that exercise had only received a 2% rate of response which was not considered a reliable guide. He went on to highlight the £1.4m that the Administration were committing towards the scheme and, whilst there was an increase, this was low and had been the product of very careful consideration.
82.6 The Chair then put the recommendations to the vote:
82.7 RESOLVED – That the Committee:
1) Notes that the Council undertook formal consultation as a part of this review and that as part of the formal consultation a draft scheme was published and people were invited to give their views on that scheme.
2) Notes the outcome of that consultation (appendix 1) which has been summarised in section 5.4.
3) Notes that an Equalities Impact Assessment (EIA) (appendix 2) has been undertaken on the proposed changes in the draft scheme and the recommendations set out in 2.9.2 – 2.9.4 in this report. The committee should further note that, to meet their Public Sector Equality Duty, members must give conscientious consideration to the findings of this assessment when making a decision on the recommendations in 2.9.1 – 2.9.4. The actions which will be undertaken as a result of this EIA are set out in section 7.4.
4) Notes that the Chief Finance Officer (s151) will, prior to 1st April 2016, exercise delegated powers to increase the appropriate calculative elements of the scheme to give effect to national changes.
RESOLVED TO RECOMMEND TO COUNCIL
5) It notes that the Council undertook formal consultation as a part of this review and that as part of the formal consultation a draft scheme was published and people were invited to give their views on that scheme.
6) It notes the outcome of that consultation (appendix 1) which has been summarised in section 5.4.
7) It notes that an Equalities Impact Assessment (EIA) (appendix 2) has been undertaken on the proposed changes in the draft scheme and the recommendations in this report. It should further note that, to meet their Public Sector Equality Duty, members must give conscientious consideration to the findings of this assessment when making a decision on the recommendations in 2.9.1 – 2.9.4. The actions which will be undertaken as a result of this EIA are set out in section 7.4.
8) It notes that the Chief Finance Officer (s151) will, prior to 1st April 2016, exercise delegated powers to increase the appropriate calculative elements of the scheme to give effect to national changes.
9) It agrees that the following in relation to the proposed scheme from 1 April 2016:
i. The changes set out in 2.9.2 and 2.9.3 are made to the Council Tax Reduction Scheme (Persons who are not Pensioners)(Brighton & Hove City Council) 2013 to take effect from 1st April 2016.
ii. That people on CTR will receive up to an 80% discount on their Council Tax meaning the minimum contribution people of working age pay towards their Council Tax be changed from 15% to 20%.
iii. For customers entitled to CTR on 31st March 2016 transitional protection be provided until either the claim ends; the customer moves property; or 31st March 2017 (which ever occurs first) to minimise the increase paid by any household to £1.65 per week inclusive of the separately agreed Council Tax rise as a result of the change set out in 2.9.2 only.
iv. The discretionary fund used to support the CTR scheme be set at a minimum of £0.1m and maintained at the 2015/16 level of £0.15m through the use of up to £0.05m from the Welfare Reform reserve. |
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Report of the Interim Executive Director for Finance & Resources (copy attached). Additional documents: Decision: 1) That Policy & Resources Committee endorses the key actions taken during the first half of 2015/16 to meet the treasury management policy statement and practices (including the investment strategy) as set out in this report.
2) That Policy & Resources Committee notes that the approved maximum indicator for investment risk of 0.05% has been adhered to and the authorised limit and operational boundary have not been exceeded in the first half of the year. Minutes: 83.1 RESOLVED:
1) That Policy & Resources Committee endorses the key actions taken during the first half of 2015/16 to meet the treasury management policy statement and practices (including the investment strategy) as set out in this report.
2) That Policy & Resources Committee notes that the approved maximum indicator for investment risk of 0.05% has been adhered to and the authorised limit and operational boundary have not been exceeded in the first half of the year. |
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Life Events Fees and Charges for 2015/16 / 2016/17
Joint report of the Interim Executive Director for Finance & Resources and the Head of Legal & Democratic Services (copy attached). Additional documents: Decision: That Members are requested to approve a proposal to increase fees and charges for Life Events services as set out in the appendices, for the last quarter of the current financial year (2015/16) and for the financial year 2016/17. Minutes: 84.1 The Committee considered a joint report of the Interim Executive Director for Finance & Resources and the Head of Legal & Democratic Services. The report set out the proposed fees and charges for the final quarter of the 2015/16 financial year and for the 2016/17 financial year for Bereavement Services and the Register Office within Life Events.
84.2 Councillor A. Norman highlighted and commended the high quality service that was provided by Life Events in the city, and made particular example of Woodvale Crematorium. The Chair echoed these comments.
84.3 In response to Councillors Mac Cafferty it was clarified that extensive work had been undertaken to benchmark and look at measures to include graduated fee increases, the proposed increases were to keep the costs of the service in line with other providers and it was envisaged that future increases would be in line with inflation.
84.4 Councillor Hamilton took the opportunity to publically thank the work of Bereavement Services during the Shoreham Air Crash in August 2015.
84.5 The Chair then put the recommendations to the vote.
84.6 RESOLVED - That the Committee approve a proposal to increase fees and charges for Life Events services as set out in the appendices, for the last quarter of the current financial year (2015/16) and for the financial year 2016/17. |
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Support Functions Review
Report of the Interim Executive Director for Finance & Resources (copy attached). Additional documents: Decision: 1) Note the update on the wider Support Functions Review, as detailed in this paper.
2) Agrees that the council enters into an intra-authority agreement with the Orbis partners.
3) Agrees that the following BHCC services partner with Orbis:
• ICT • Internal Audit & Corporate Fraud • Human Resources & Organisational Development • Property & Design • Finance & Procurement • Revenues & Benefits
4) Agrees that these services are delivered though Orbis as soon as practicable, with the timing of operational changes being subject to due diligence.
5) Recommends to Full Council that:
• Brighton & Hove City Council joins the Orbis Joint Committee as a founding partner, with the terms of reference as set out in appendix 2 (as they now stand) subject to necessary modifications to reflect expanded membership and the Council’s committee system. • It appoints Cllr Les Hamilton to the Orbis Joint Committee on behalf of BHCC.
6) Subject to Council agreeing to recommendation 2.5 above and satisfactory due diligence, delegate the power to enter into the inter-authority agreement and the power to make the final decision on operational changes to the Chief Executive, Section 151 Officer and the Monitoring Officer and authorise the same to take all steps necessary or incidental to the implementation of the recommendations. Minutes: 85.1 The Committee considered a report of the Interim Executive Director for Finance & Resources in relation to Support Services Review. The report updated the Committee on the outcome of the Support Function Review; the report recommended that the Council became a founding partner of Orbis, which was currently established as a joint committee of East Sussex County Council and Surrey County Council to provide a full range of support functions.
85.2 In response to queries from Councillor Mac Cafferty the Interim Executive Director explained that the terms of reference would need to be updated to reflect that each authority would have one lead Member on the Joint Committee. The report highlighted that the Orbis option was currently the most compelling, but this did not rule out service by service reviews if outsourcing became a more viable option. Each authority in the partnership would retain its own sovereignty through the appropriate governance process. Assurance was also provided that trade unions had been engaged, and would continue to be, in the process.
85.3 Councillor Wealls welcomed the report, but expressed some concerns in relation to where the control would lie and whether one authority would take a lead in the project. In response the Interim Executive Director explained that it was envisaged there would be a functional lead for each service from one of the authorities involved; any future decision on staffing levels would need to be made through each of the authorities own governance arrangements and in the case of Brighton & Hove would go through the Policy & Resources Committee.
85.4 In response to Councillor Janio the Interim Executive Director explained that the process of due diligence would manage issues around specialisation and duplication of work; the Chief Executive added that the Orbis option was considered the most robust option in the longer term given the 30% savings targets identified for support services.
85.5 Councillor A. Norman highlighted that she was also considering the report in her role as Chair of the Audit & Standards Committee, and she felt the Council would not lose influence by joining Orbis. She added there was scope to widen the membership and potentially include district councils and noted that the joint venture would offer a means for staff to increase their skills base. She considered the proposals in the report to be the best way forward given the options.
85.6 Councillor Sykes highlighted that it was important the Council entered the arrangements as an equal partner, and he asked Officers to consider any arrangements using the same 10-1 ratio that the Council operated for salaries of the highest and lowest paid employee.
86.7 Councillor Hamilton noted that other Members, from the other authorities, would be Executive Members and likely be able to take decisions in their own right; in the case of Brighton & Hove decisions would need to come back to the Policy & Resources Committee.
85.8 Councillor G. Theobald noted that the Conservative Group would support the report; but added that this did not go far enough in terms of achieving more joint ventures with other authorities.
85.9 The Chair then put the recommendations to the vote:
85.10 RESOLVED – That the Committee:
1) Note the update on the wider Support Functions Review, as detailed in this paper.
2) Agrees that the council enters into an intra-authority agreement with the Orbis partners.
3) Agrees that the following BHCC services partner with Orbis:
• ICT • Internal Audit & Corporate Fraud • Human Resources & Organisational Development • Property & Design • Finance & Procurement • Revenues & Benefits
4) Agrees that these services are delivered though Orbis as soon as practicable, with the timing of operational changes being subject to due diligence.
RESOLVES TO RECOMMEND TO COUNCIL – That:
1) Brighton & Hove City Council joins the Orbis Joint Committee as a founding partner, with the terms of reference as set out in appendix 2 (as they now stand) subject to necessary modifications to reflect expanded membership and the Council’s committee system.
2) It appoints Cllr Les Hamilton to the Orbis Joint Committee on behalf of BHCC.
3) Subject to Council agreeing to recommendation 2.5 in the report and satisfactory due diligence, delegate the power to enter into the inter-authority agreement and the power to make the final decision on operational changes to the Chief Executive, Section 151 Officer and the Monitoring Officer and authorise the same to take all steps necessary or incidental to the implementation of the recommendations. |
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Construction Consultancy Framework Agreement Report of the Acting Executive Director for Environment, Development & Housing (copy attached). Additional documents: Decision: 1) Approves the procurement of a framework agreement for construction related consultancy with a term of four years;
2) Grants delegated authority to the Executive Director Environment, Development and Housing to manage the procurement of the framework agreement referred to in 2.1 above, including the award and letting of the framework agreement. Minutes: 86.1 The Committee considered a report of the Acting Executive Director for Environment, Development & Housing in relation to Construction Consultancy Framework Agreement. The purpose of the report was to seek approval to set up a corporate framework agreement for construction related consultancy and for delegation of award to be given to the Executive Director for Environment, Development & Housing.
86.2 In response to queries from Councillors G. Theobald and Janio the Acting Executive Director explained that maximum award of a contract would be £5m; the Chief Executive added that the report would provide a framework of contractors for the authority to draw from, to reduce the instances to use the usual competitive framework, it also sought to provide greater certainty and increased efficiency.
86.3 Councillor Meadows suggested that the report be referred to the Procurement Board to give Member oversight.
86.4 The Chair then put the recommendations to the vote.
86.5 RESOLVED – That the Committee:
1) Approves the procurement of a framework agreement for construction related consultancy with a term of four years;
2) Grants delegated authority to the Executive Director Environment, Development and Housing to manage the procurement of the framework agreement referred to in 2.1 above, including the award and letting of the framework agreement. |
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Procurement of Cash in Transit Services Report of the Interim Executive Director for Finance & Resources (copy attached). Additional documents: Decision: 1) That the Policy & Resources Committee authorises the Section 151 Officer to procure and award a contract for cash in transit services through a tendering process for companies listed on the relevant ESPO framework or through a full OJEU tender process as appropriate.
2) That the Policy & Resources Committee agrees to a contract period of 2 years and authorises the Section 151 Officer to enter into an optional extension for a further 2 years subject to satisfactory performance of the contract. Minutes: 87.1 The Committee considered a report of the Interim Executive Director for Finance & Resources in relation to Procurement of Cash in Transit Services. The current cash in transit contract was let on a short term basis following the early termination of the contract with the Council’s previous provider. This short term contract was due to expire on 3 August 2016, and the report recommended undertaking a mini-tender exercise inviting companies listed on the ESPO framework to tender.
87.2 In response to Councillor Sykes the Interim Executive Director clarified that an in-house service had been considered; however, the insurance implications as well as the regulation of the industry ruled out this option.
87.3 The Chair then put the recommendation to the vote.
87.4 RESOLVED:
1) That the Committee authorises the Section 151 Officer to procure and award a contract for cash in transit services through a tendering process for companies listed on the relevant ESPO framework or through a full OJEU tender process as appropriate.
2) That the Committee agrees to a contract period of 2 years and authorises the Section 151 Officer to enter into an optional extension for a further 2 years subject to satisfactory performance of the contract. |
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Corporate Procurement of Renewable Electricity Energy Supplies Report of the Interim Executive Director for Finance & Resources (copy attached). Additional documents: Decision: That Policy & Resources Committee notes the decision made by the Assistant Director (Property and Design) in conjunction with the Chair of the Policy & Resources Committee taken under urgency powers to transfer our corporate electricity supplies within our existing and future supply contracts from a 100% renewable energy tariff to a standard tariff for value for money reasons. Minutes: 88.1 The Committee considered a report of the Interim Executive Director for Finance & Resources in relation to Corporate Procurement of Renewable Electricity Energy Supplies. The report complied with the requirements of the Scheme of Delegation to report to Committees actions taken in cases of urgency, following consultation with the Committee Chair, where it was not reasonably practicable to obtain prior Committee approval.
88.2 Councillor Sykes highlighted that this change had arisen form change in Central Government policy.
88.3 The Chair then put the recommendations to the vote.
88.4 RESOLVED - That Committee notes the decision made by the Assistant Director (Property and Design) in conjunction with the Chair of the Policy & Resources Committee taken under urgency powers to transfer our corporate electricity supplies within our existing and future supply contracts from a 100% renewable energy tariff to a standard tariff for value for money reasons. |
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Performance Update Report Q2 2015/16 Report of the Interim Executive Director for Finance & Resources (copy attached). Additional documents: Decision: To review progress in relation to Corporate KPIs particularly corrective measures outlined for ‘red’ and ‘amber’ indicators and provide ongoing support and challenge to lead officers to bring performance back on track.
Minutes: 89.1 RESOLVED – That the Committee review progress in relation to Corporate KPIs particularly corrective measures outlined for ‘red’ and ‘amber’ indicators and provide ongoing support and challenge to lead officers to bring performance back on track. |
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Committee Time Table 2016-17
Report of the Head of Legal & Democratic Services (copy attached). Additional documents: Decision: That the proposed time table of meetings for the 2016-17 municipal year be agreed; subject to any necessary amendments following changes to the Constitution and/or committees’ requirements.
Minutes: 90.1 RESOLVED – That the Committee agree the proposed time table of meetings for the 2016-17 municipal year; subject to any necessary amendments following changes to the Constitution and/or committees’ requirements. |
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Transitional Officer Arrangements for Finance & Resources Functions Report of the Head of Legal & Democratic Services (copy attached). Additional documents: Decision: 1) That Members agree the transitional arrangements and consequential changes to Officer delegations set out in paragraphs 3.3.1 to 3.3.5 of the report pending the appointment of a permanent Executive Director of Finance & Resources;
2) That the above arrangements come into effect from 5 December 2015 and that the Monitoring Officer be authorised to make the necessary changes to the scheme of delegations to Officers to reflect the above pending the permanent arrangements.
3) That Members appoint Pinaki Ghoshal, Executive Director of Children’s Services, as the Council’s representative in the Sussex Community NHS Trust. Minutes: 91.1 RESOLVED:
1) That Members agree the transitional arrangements and consequential changes to Officer delegations set out in paragraphs 3.3.1 to 3.3.5 of the report pending the appointment of a permanent Executive Director of Finance & Resources;
2) That the above arrangements come into effect from 5 December 2015 and that the Monitoring Officer be authorised to make the necessary changes to the scheme of delegations to Officers to reflect the above pending the permanent arrangements.
3) That Members appoint Pinaki Ghoshal, Executive Director of Children’s Services, as the Council’s representative in the Sussex Community NHS Trust. |
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New England House & Longley Industrial Estate
Joint report of the Acting Executive Director for Environment, Development & Housing and the Interim Executive Director for Finance & Resources (copy attached). Additional documents: Decision: 1) That the committee agrees the Heads of Terms (“HoTs”) set out in Appendix 1, as forming the basis for a development agreement with Arcus-PCD, in order to work towards the integrated mixed-use development of the New England House and Longley Industrial Estate sites and secure the refurbishment and expansion of New England House, together with substantial levels of new employment floorspace and housing.
2) That the committee notes that the HoTs includes reference to the possible use of compulsory purchase powers to acquire the long leasehold interest of the Longley Industrial Estate, while continuing to help facilitate an agreed sale of the lease from the current leaseholder to Arcus.
3) That the committee authorises the Head of Legal Services to enter into (a) the development agreement referred to in the HoTs and if compulsory purchase is not required (b) the lease referred to in the HoTs,
4) That the committee agrees that if the development agreement is entered into but the parties agree that compulsory purchase of the leasehold interest referred to in 2.2 is necessary, a further report will be required to authorise the making of such an order. Minutes: 92.1 The Committee considered a joint report of the Acting Executive Director for Environment, Development & Housing and the Interim Executive Director for Finance & Resources in relation to New England House & Longley Industrial Estate. The purpose of the report was to request agreement to work towards a development agreement with Arcus-PCD, in order to secure a mixed use development across the New England House and Longley Industrial Eatate sites that would provide for the refurbishment and expansion of New England House along with significant levels of new employment floor space and housing.
92.2 Councillor Mitchell noted the proposals provided the opportunity to improve the whole area generally.
92.3 The Chair noted this scheme would add to the success story of the New England Quarter; as well as the digital sector in the city and generate growth.
92.4 The Chair moved that the Committee exclude the press and public under Section 100A(4) of the Local Government Act 1972 to consider the information contained in the Part Two appendices to the report.
92.5 When the Committee moved back into Part One the Chair put the recommendations to the vote.
92.6 RESOLVED:
1) That the committee agrees the Heads of Terms (“HoTs”) set out in Appendix 1, as forming the basis for a development agreement with Arcus-PCD, in order to work towards the integrated mixed-use development of the New England House and Longley Industrial Estate sites and secure the refurbishment and expansion of New England House, together with substantial levels of new employment floorspace and housing.
2) That the committee notes that the HoTs includes reference to the possible use of compulsory purchase powers to acquire the long leasehold interest of the Longley Industrial Estate, while continuing to help facilitate an agreed sale of the lease from the current leaseholder to Arcus.
3) That the committee authorises the Head of Legal Services to enter into (a) the development agreement referred to in the HoTs and if compulsory purchase is not required (b) the lease referred to in the HoTs,
4) That the committee agrees that if the development agreement is entered into but the parties agree that compulsory purchase of the leasehold interest referred to in 2.2 is necessary, a further report will be required to authorise the making of such an order. |
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Items Referred For Council To consider items to be submitted to the 17 December 2015 Council meeting for information.
In accordance with Procedure Rule 24.3a, the Committee may determine that any item is to be included in its report to Council. In addition, each Group may specify one further item to be included by notifying the Chief Executive no later than 10.00am on 23 November 2015 (the eighth working day before the Council meeting to which the report is to be made), or if the Committee meeting takes place after this deadline, immediately at the conclusion of the Committee meeting. Additional documents: Minutes: 93.1 There were no items referred to Council for information. |
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New England House & Longley Industrial Estate - Exempt Category 3 Part Two Appendix to the joint report of the Acting Executive Director for Environment, Development & Housing and the Interim Executive Director for Finance & Resources listed at Item 91 (circulated to Members only). Minutes: 94.1 RESOLVED – That the Committee note the information contained in the Part Two appendices to the report listed at Item 92 on the agenda. |
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Part Two Minutes To consider the Part Two minutes of the meeting held on 15 October 2015 (circulated to Members only). Minutes: 95.1 RESOLVED – That the Chair be authorised to sign the Part Two minutes of the meeting held on 15 October 2015 as a correct record. |
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Part Two Proceedings To consider whether the items listed in Part Two of the agenda and decisions thereon should remain exempt from disclosure to the press and public. Additional documents: Minutes: 96.1 RESOLVED – That the information contained in items 94 & 95 remain exempt from disclosure to the press and public. |