Agenda for Policy & Resources Committee (pre 2015) on Thursday, 21st January, 2016, 4.00pm
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Agenda, decisions and minutes
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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
97.1 Councillor Meadows was present in substitution for Councillor Bewick and Councillor Daniel was present in substitution for Councillor Hamilton.
(b) Declarations of Interest
97.2 Councillors Morgan, Daniel, Mac Cafferty and G. Theobald declared pecuniary interests in respect of Item 105 (Subordinated Loan for East Sussex Credit Union) as members of East Sussex Credit Union; however, they had all been granted a dispensation from the Monitoring Officer to remain present during the consideration and vote on the item.
(c) Exclusion of Press and Public
97.3 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.
97.4 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 meeting held on 3 December 2015 (copy attached). Additional documents: Minutes: 98.1 RESOLVED – That the Chair be authorised to sign the minutes of the meeting held on 3 December 2015 as a correct record. |
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Chair's Communications Additional documents: Minutes: 99.1 The Chair gave the following communications:
‘Due to the level of interest in Items 110 & 112 I propose that we take these items first of the reports listed on the agenda following Item 102.’ |
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Call Over (a) Items (103 – 110) 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: 100.1 All items on the agenda were reserved for discussion. |
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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 7 January 2015;
(i) Say No to Brighton & Hove Council’s Tax on the Poor - Petition from Mr. M. Alexander referred from the full Council meeting held on the 17 December 2015. (copy attached)
(ii) Open Empty Properties for the Homeless over the winter - Petition from Ms. M. Rees referred from the full Council meeting held on the 17 December 2015. (copy attached).
(b) Written Questions: to receive any questions submitted by the due date of 12 noon on the 14 January 2015;
(c) Deputations: to receive any deputations submitted by the due date of 12 noon on the 14 January 2015. Additional documents: Minutes: a) Petitions
101.1 The Chair noted there were two petitions referred from the Council meeting on 17 December 2015; the first related to ‘Say No to Brighton & Hove Council’s Tax on the Poor’ from Mr. M. Alexander. As the lead petitioner was not present the Committee agreed that the following response would be included in the minutes as set out below:
‘The Council has a predicted budget gap of £68m over the next 4 years based on 2% council tax increases. This means that all aspects of the councils expenditure, income and funding must be fundamentally reviewed and all options considered. Due to reducing government grant support, the Council Tax Reduction Scheme will be subsidised by the council by £3.1m in 2016/17 (including pensioners) even after taking into the changes approved by Council in December. The council is therefore already substantially protecting the scheme.
The Scheme still provides a significant 80% discount on Council Tax and a cap of £1.65 per week has been applied to any increase for current claimants. A Discretionary Fund of £0.150m is also being maintained to ensure that those who fall into real hardship can be assisted and the council is continuing its Financial Inclusion work including supporting East Sussex Credit Union and advice agencies and working alongside them to help people in difficulty to manage their financial situation.
It is a requirement that the Council Tax Reduction scheme is reviewed each year in order to be built into the council’s tax base reports which must be determined by 31 January and are on this Policy & Resources Committee agenda. Full consultation on the CTR scheme was undertaken between September and November and the CTR Scheme for 2016/17 cannot therefore be revisited now. The next review is scheduled for September to November 2016 for council decision in December 2016.’
101.2 RESOLVED – That the Committee note the petition.
101.3 The Chair noted the second petition related to Open Empty Properties for the Homeless over the winter from Ms. M. Rees. The Chair then read the following response to the petition:
‘As a city council we share the concern of the signatories of this petition about the difficulties faced by people who are currently living on the streets of our city.
Brighton & Hove City Council is in the process of reviewing its approach to rough sleeping. A summit was held in December which brought together all those organisations that support rough sleepers to develop a new rough sleeping strategy for the city. The aim of this strategy is to make sure no-one has the need to sleep rough in Brighton & Hove by 2020.
Brighton & Hove City Council has considered the content of the petition and whether empty buildings can be opened to provide winter shelter for rough sleepers. Unfortunately at the present time the city council does not have the resources and staffing to manage such a facility.
If the city council were able to find a suitable empty building which is owned by us or which a landlord was willing to allow us to use we would be unable to simply open the building to allow those sleeping rough to occupy in a form of tolerated squatting, we would have a duty of care to all those occupying the building. This would mean:
· The building would need assessing for safety, particularly if it has been empty for some time, whether it needs repairs, has running water, electricity, telephone, working toilet and cleaning facilities · Many rough sleepers have complex needs including substance misuse which would create risks for both staff and service users and require us to provide 24 hour staffing or security. · Furniture for residents and staff would need to be provided · We would have to manage issues relating to alcohol and substance misuse such as drugs and drug talking equipment. · We would have to manage anti-social behaviour and the protection of vulnerable service users residing at the property.
Providing shelter is only one aspect of homelessness, and specialist workers and support services are often required to work with people in order to support their recovery journey. This includes moving people into sustainable accommodation and tackling a range of issues that a person may be dealing with such as poor mental health, poor physical health, and substance misuse. A temporary shelter would need to have these resources in order to help individuals to make the permanent shift away from the streets.
Brighton & Hove City Council operates severe weather provision for rough sleepers which is open to all rough sleepers when the temperature is predicted to drop below 0 degrees for 3 nights in a row or when severe weather impacts the city.’
101.4 RESOLVED – That the Committee note the petition.
101.5 The Chair noted there were no other petitions, written questions or deputations.
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To consider the following matters raised by councillors:
(d) Notices of Motion: to consider any Notices of Motion referred from Council or submitted directly to the Committee
Trade Union Bill – Referred from the Council meeting on 17 December 2015 (copy attached). Additional documents: Minutes: d) Notices of Motion
102.1 The Chair noted there was one Notice of Motion referred from Council on 17 December 2015 as follows:
‘This Council notes with concern the Trade Union Bill which would adversely affect this Council’s relationship with its trade unions and its workforce.
This Council recognises the positive contribution that trade unions and trade union members make in the workplace. The Council values the constructive relationship that it has with the trade unions and recognises their commitment, and that of staff, to the delivery of good quality public services in Brighton and Hove.
This Council is content with the arrangements currently in place for deducting trade union membership subscriptions through payroll. This is an important part of maintaining positive industrial relations and a simple way to administer a system that supports employees. This system is an administrative matter for the Council and should not be interfered with by the Government in Westminster. This council resolves to:
· Request the Chief Executive to write to the Secretary of State for Business, Innovation and Skills stating the Council’s opposition to the Government’s Trade Union Bill. · Request the Policy & Resources Committee to continue the council’s own locally agreed industrial relations strategy, take every measure possible to maintain its autonomy and;
(i) To maintain the current facility that recognised trade unions can have subscriptions deducted through payroll, unless legally obliged not to, in which case the Council will support trade unions’ efforts to move members onto direct debit.
(ii) Maintain an adequate level of release time for Trade Union representatives.
· Support the Heart Unions week of action on 8-14 February 2016’
102.2 RESOLVED – The Committee agreed to note the Notice of Motion. |
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Council Tax Base 2016/17
Report of the Acting Director of Finance & Resources (copy attached). Additional documents: Decision: 1) Approves this report for the calculation of the council’s tax base for the year 2016/17.
2) Agrees that in accordance with the Local Authorities (Calculation of Tax Base) (England) Regulations 2012, the amounts calculated by Brighton & Hove City Council as its council tax base for the year 2016/17 shall be as follows:-
i) Brighton and Hove in whole –86,173.0 (as detailed in appendix 1) ii) Royal Crescent Enclosure Committee –29.4 (as detailed in appendix 2) iii) Hanover Crescent Enclosure Committee –44.2 (as detailed in appendix 3) iv) Marine Square Enclosure Committee –70.0 (as detailed in appendix 4) v) Parish of Rottingdean –1,533.4 (as detailed in appendix 5)
3) Agrees that for the purposes of Section 35(1) of the Local Government Finance Act 1992, the expenses of meeting the special levies issued to the council by the Enclosure Committees shall be its special expenses.
4) Agrees that the Enclosure Committees and Rottingdean Parish are paid the required council tax reduction grant of c£5,000 in total, to ensure they are no better or no worse off as a result of the introduction of the council tax reduction scheme for the reasons set out in paragraph 3.7. Minutes: 103.1 The Committee considered a report of the Interim Executive Director for Finance & Resources in relation to Council Tax Base 2016/17. The purpose of the report was to agree the tax base for 2016/17. The council tax base represented the amount that would be raised by setting a £1 council tax, and it was a requirement of the Local Government Finance Act 1992 and associated regulations that the tax base was calculated for the purpose of setting the council tax in 2016/17 before 31 January 2016.
103.2 Councillor Sykes welcomed the improved position in relation to the budget; however, he felt that the manner in which the base position emerged late in the financial year made it harder to make decisions around issues such the Council Tax Reduction (CTR) Scheme. He was of the view that the Administration could have done more work to look at how an improved base position would help reduce the CTR liability.
103.3 Councillor G. Theobald stated that the improved position was reflection of the improvement in the local economy and this could be evidenced through factors such as increased development in the city.
103.4 Councillor Daniel noted the favourable position, but highlighted that this was in the context of large reductions in funding to councils from Central Government.
103.5 Councillor A. Norman noted that unemployment in the city was at 5.8% which was the lowest it had been for 10 years, and noted that the city had the fourth highest growth in net jobs out of 64 cities nationally.
103.6 The Chair then put the recommendations to the vote:
103.7 RESOLVED – That the Committee:
1) Approves this report for the calculation of the council’s tax base for the year 2016/17.
2) Agrees that in accordance with the Local Authorities (Calculation of Tax Base) (England) Regulations 2012, the amounts calculated by Brighton & Hove City Council as its council tax base for the year 2016/17 shall be as follows:-
i) Brighton and Hove in whole –86,173.0 (as detailed in appendix 1) ii) Royal Crescent Enclosure Committee –29.4 (as detailed in appendix 2) iii) Hanover Crescent Enclosure Committee –44.2 (as detailed in appendix 3) iv) Marine Square Enclosure Committee –70.0 (as detailed in appendix 4) v) Parish of Rottingdean –1,533.4 (as detailed in appendix 5)
3) Agrees that for the purposes of Section 35(1) of the Local Government Finance Act 1992, the expenses of meeting the special levies issued to the council by the Enclosure Committees shall be its special expenses.
4) Agrees that the Enclosure Committees and Rottingdean Parish are paid the required council tax reduction grant of c£5,000 in total, to ensure they are no better or no worse off as a result of the introduction of the council tax reduction scheme for the reasons set out in paragraph 3.7. |
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Business Rates Retention forecast 2016/17
Report of the Acting Director of Finance & Resources (copy attached). Additional documents: Decision: That the Committee:
1) Note that the amount forecast to be received by the council in 2016/17 from its share of local business rates and section 31 (Local Government Act 2003) compensation grants is £56.460m, based on the latest data. This is £0.202m below the forecast used in the December 2015 budget update report.
2) Agree the NNDR1 2016/17 form at Appendix 1.
3) Note the future changes to the business rates retention scheme outlined in paragraphs 3.17 and 3.18. Minutes: 104.1 The Committee considered a report of the Interim Executive Director for Finance & Resources in relation to Business Rates Retention Forecast 2016/17. The Department for Communities and Local Government (‘CLG’) issued the NNDR1 2016/17 form on 31 December 2015, which reported the estimated business rates expected to be collected by the council next year, and this report set out the basis upon which the form had been completed. The report sought approval of the NNDR1 form so it could be submitted to CLG and the Fire Authority by 31 January 2016 as required.
104.2 Councillor Sykes asked questions in relation to charity relief of business rates and it was agreed that a full response would be circulated to the Committee after the meeting.
104.3 In response to Councillor Janio it was confirmed by Officers that an assessment of the Council Tax Base was made each year to ensure that it took account of potential risk and this was factored into the budget setting process each year.
104.4 Councillor Mac Cafferty asked specific questions in relation to Business Rate appeals; in response Officers explained that a reasonable provision was set aside for appeals; in terms of other authorities the numbers were largely the same nationally. It was added that all authorities would need to make similar judgements and ensure provision was identified for appeals.
104.5 The Chair added that the position from Central Government was that the Council would receive 100% business rate retention; however, the lack of clarity around when this would happen created uncertainty.
104.6 Councillor G. Theobald noted his view that it was likely there would be more assessments in the south-east and this would likely lead to more appeals; however, these appeals would only be against the additional income through assessment.
104.7 The Chair then put the recommendation to the vote:
104.8 RESOLVED: That the Committee:
1) Note that the amount forecast to be received by the council in 2016/17 from its share of local business rates and section 31 (Local Government Act 2003) compensation grants is £56.460m, based on the latest data. This is £0.202m below the forecast used in the December 2015 budget update report.
2) Agree the NNDR1 2016/17 form at Appendix 1.
3) Note the future changes to the business rates retention scheme outlined in paragraphs 3.17 and 3.18. |
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Subordinated Loan for East Sussex Credit Union Report of the Assistant Chief Executive (copy attached). Additional documents: Decision: 1) Approves that Brighton & Hove City Council becomes a Corporate Member of ESCU by depositing a one off sum of £28,000 which can be withdrawn at any time and that the ESCU Corporate Membership scheme be added to the capital programme.
2) Delegates authority to the Assistant Chief Executive and Executive Director Finances & Resources to act as Brighton & Hove City Council’s Designated Representative in accordance with ESCU's Corporate Accounts Membership Policy.
3) Approves a subordinated interest free loan of £250,000 to ESCU for the purposes and on the terms set out in paragraphs 3.9 with an expectation of performance against set outcomes and targets with yearly reporting on key performance indicators as set out in Appendix 1. The loan will be added to the capital programme.
4) Notes that the council will seek to develop closer working practices with the credit union in relation to Housing, Revenues and Benefits, and Children Services. Minutes: 105.1 The Committee considered a report of the Assistant Chief Executive in relation to East Sussex Credit Union Subordinated Loan & Corporate Membership. The purpose of the report was to seek approval for the Council to financially support the work and principles of the East Sussex Credit Union (ESCU) by becoming a corporate member of ESCU and providing a subordinated loan.
105.2 Councillor Mitchell welcomed the report and drew the Committee’s attention to paragraph 3.2 as evidence of the clear justification for this course of action; she added that this was the right thing for the Council to be doing.
105.3 Councillor Daniel also welcomed the report and highlighted the difference ESCU could make to low income families, and prevent the use of ‘high street loan’ shops; she added it was important that the local authority do everything within its power to help support the work of the credit union.
105.4 Councillor Mac Cafferty welcomed the report, and noted that it built on the financial inclusion work that had taken place under the previous Green Administration. In response to specific questions the Assistant Chief Executive explained that one of the purposes of the loan was to use it as match funding for other grants and assistance from Central Government. The Council would also be able to revisit the terms of the loan after three years to see if extending it was in the interests of the parties involved.
105.5 In response to specific questions from Councillor Wealls it was agreed that Officers would provide responses following the meeting.
105.6 Councillor G. Theobald noted he was highly supportive of this work.
105.7 In response to Councillor Janio the Assistant Chief Executive explained that, whilst the Council would not want to enter into the financial management of the credit union, the loan would create regular dialogue and closer working.
105.8 The Chair then put the recommendations to the vote:
105.9 RESOLVED – That the Committee:
1) Approves that Brighton & Hove City Council becomes a Corporate Member of ESCU by depositing a one off sum of £28,000 which can be withdrawn at any time and that the ESCU Corporate Membership scheme be added to the capital programme.
2) Delegates authority to the Assistant Chief Executive and Executive Director Finances & Resources to act as Brighton & Hove City Council’s Designated Representative in accordance with ESCU's Corporate Accounts Membership Policy.
3) Approves a subordinated interest free loan of £250,000 to ESCU for the purposes and on the terms set out in paragraphs 3.9 with an expectation of performance against set outcomes and targets with yearly reporting on key performance indicators as set out in Appendix 1. The loan will be added to the capital programme.
4) Notes that the council will seek to develop closer working practices with the credit union in relation to Housing, Revenues and Benefits, and Children Services. |
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Workforce Equalities Report 2014/15
Report of the Chief Executive (copy attached). Additional documents: Decision: That the Committee note the contents of the Workforce Equalities Report for 2014/15. Minutes: 106.1 The Committee considered a report of the Chief Executive in relation to Workforce Equalities Report 2014/15. The purpose of the report was to provide the Committee with an overview of the findings following an analysis of the Council’s workforce and other aspects of employment in relation to the following protected characteristics: ethnicity; disability; sex sexual orientation; age and religion or belief. The report ensured the Council’s compliance with its statutory obligations.
106.2 In response to Councillor Wealls it was explained by Officers that the authority sought to monitor the trans workforce for equalities purposes, but the sensitive personal issues surrounding gender identity and willingness to disclose this information could make meaningful analysis more difficult. However, assurance was provided that the new software used by HR would lead to more effective capturing of this information. As part of wider ongoing work, HR were working with trans staff to revise and update the Trans Policy and it also hoped this open dialogue with the workforce would help improve open disclosure.
106.3 Councillor Daniel welcomed the report, but noted the work that needed to be undertaken to address potential inequality as it related to BME staff; she added that any future report back to the meeting should pick on what had been done to address these specific points. Officers added that work was currently being undertaken to scrutinise recruitment activities and areas had already been identified where this could disadvantage BME applicants, this information would be used to inform a review of recruitment selection and policy to address some of the barriers that were identified. The Committee agreed to receive an update on these matters at the June or July meetings.
106.4 In response to points made by Councillors Mac Cafferty and Janio the Chief Executive highlighted that self-awareness was an important starting point for the organisation; he noted the importance of the points made in relation to recruitment and highlighted the increased challenge of achieving this in the context of a shrinking organisation. He went on to add that the Executive Leadership Team recognised the importance of this issue and their role is setting the tone for the organisation.
106.5 Councillor G. Theobald noted the lack of younger people working for the organisation, but hoped this might be improved through the increased number of apprentices across the Council.
106.6 The Chair then put the recommendation to the vote.
106.7 RESOLVED - That the Committee note the contents of the Workforce Equalities Report for 2014/15. |
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Orbis Public Law- Proposals for the Establishment of a Shared Legal Service
Report of the Head of Legal & Democratic Services (copy attached). Additional documents: Decision: That the Committee agrees:
1) To the creation of a new Legal Services partnership arrangement between Brighton & Hove City Council, East Sussex County Council, Surrey County Council and West Sussex County Council to be known as Orbis Public Law with effect from 1 April 2016, subject to due diligence.
2) That a Business Case be developed for an Alternative Business Structure, in the form of a Limited Company approved by the Solicitor Regulation Authority, and to delegate authority to the Chief Executive, after consultation with the Monitoring Officer, the Section 151 Officer and the Head of HR, to establish such an ABS if he considers it appropriate.
3) To delegate authority to the Chief Executive to take any action necessary or incidental to the implementation of the above including (but not limited to) agreeing and entering into the Articles of Association, shareholder agreement and an Inter Authority Agreement between the partner authorities
That the Committee recommends to Council:
4) The establishment of a Joint Committee as the governing body for Orbis Public Law to oversee the discharge of the Council’s Legal Services function;
5) To agree the attached Terms of Reference (appendix 2) for the Joint Committee and to appoint Councillor Les Hamilton, Deputy Chair of P&R and Lead Member for Finance & Resources, to be a Member of the Joint Committee. Minutes: 107.1 The Committee considered a report of the Head of Legal & Democratic Services in relation to Orbis Public Law – Proposals for the Establishment of a Shared Legal Service. The report set out the proposals for the development of a shared legal service between Brighton & Hove City Council, East Sussex County Council, West Sussex County Council and Surrey County Council called ‘Orbis Public Law’. The report also sought authority for the implementation of the proposals including the establishment of a company, subject to proper due diligence.
107.2 Councillor Janio stated that the authority had an excellent legal department and he was of the view that the better option would be to retain and strengthen the dedicated in-city service. The Chair noted that the proposals in the report would strengthen the service through increased resilience.
107.3 In response to concerns raised by Councillor Sykes the Head of Law explained that the Orbis model would increase the recruitment power of the body, as practising public sector law had become less attractive in recent years, by providing ‘branded recognition’ and economies of scale. Orbis Public Law would also create increased capacity as it would be able to call on the resources of other authorities and provide the potential to further grow the service. The Head of Law also added that, whilst the details of Orbis needed to be worked through in full, the option to progress this course of action had been the unanimous view of the management team within the department when all the options in the report had been explored.
107.4 The Chief Executive provided further assurance, explaining that, as with all modernisation programmes taking place, there was an expectation that investment would be needed to ensure these ventures were meaningful. In relation to the governance arrangements it was also clarified that Brighton & Hove would be joining as an equal partner, the authority would also retain the right to withdraw if due diligence was not met.
107.5 The Chair added that the authority was looking at many ways to delivery services differently, and it was hoped that the assurance provided by the Chief Executive and the Head of Law would be sufficient for the Committee to give its support to the proposals.
107.6 The Chair then put the recommendation to the vote.
107.7 RESOLVED - That the Committee agrees:
1) To the creation of a new Legal Services partnership arrangement between Brighton & Hove City Council, East Sussex County Council, Surrey County Council and West Sussex County Council to be known as Orbis Public Law with effect from 1 April 2016, subject to due diligence.
2) That a Business Case be developed for an Alternative Business Structure, in the form of a Limited Company approved by the Solicitor Regulation Authority, and to delegate authority to the Chief Executive, after consultation with the Monitoring Officer, the Section 151 Officer and the Head of HR, to establish such an ABS if he considers it appropriate.
3) To delegate authority to the Chief Executive to take any action necessary or incidental to the implementation of the above including (but not limited to) agreeing and entering into the Articles of Association, shareholder agreement and an Inter Authority Agreement between the partner authorities
107.8 RESOLVED TO RECOMMEND - That Council agrees:
4) To the establishment of a Joint Committee as the governing body for Orbis Public Law to oversee the discharge of the Council’s Legal Services function;
5) To agree the attached Terms of Reference (appendix 2) for the Joint Committee and to appoint Councillor Les Hamilton, Deputy Chair of the Policy & Resources Committee and Lead Member for Finance & Resources, to be a Member of the Joint Committee. |
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Procurement of Temporary Accommodation - Dynamic Purchasing System
Report of the Acting Executive Director for Environment, Development & Housing (copy attached) together with an extract from the proceedings of the Housing & New Homes Committees on 13 January 2015 (to follow). Additional documents: Decision: 1) That the Committee grant delegated authority be granted to the Executive Director of Environment Development and Housing in consultation with the Director of Finance to set up a DPS with a duration of up to four (4) years and run call-off tenders for the provision of long term managed leased accommodation which may be situated outside of the Brighton & Hove Local Authority Local Housing Allowance Area provided we seek to procure within an hour’s travelling time of the city by public transport.
2) That the Committee grant delegated authority is granted to the Executive Director of Environment Development and Housing to award contracts under the DPS as required following the recommendations of the evaluation panel with respect to individual call-off tenders run under the DPS. Minutes: 108.1 The Committee considered a report of the Acting Executive Director for Environment, Development & Housing in relation to Procurement of Temporary Accommodation – Dynamic Purchasing System. The report recommended that the Council set up a dynamic purchasing system for long lease accommodation where the management was undertaken by the provider, and allow providers to source the accommodation outside of the Brighton & Hove Authority Local Housing Allowance Area.
108.2 In response to Councillor Wealls it was explained that, in relation to the quality of accommodation, a specification would be drawn up and the providers would need to able to demonstrate they met this, and the authority would be able to undertake checks.
108.3 Councillor Sykes noted he had no concerns with the procurement process, but felt the principle of housing people in temporary accommodation further away from the city could make Brighton & Hove a less diverse place.
108.4 In response to Councillor Janio it was explained that the length of the contract sought to allow those in temporary accommodation the opportunity to settle where they were housed.
108.5 In response to Councillor Mac Cafferty it was explained that the monitoring of the contract would be undertaken through the reporting processes checking on the specification standards; furthermore, the Housing Department managed a number of other contracts where similar checking processes were undertaken.
108.6 Councillor Meadows commented that the report had been through both the Procurement Advisory Board and the Housing & New Committee; she went on to add that with the proposed Greater Brighton devolution bid there would be the potential to provide the housing need for the city within that wider area and the report would provide the flexibility needed in this service.
108.7 The Chair then put the recommendation to the vote:
108.8 RESOLVED:
1) That the Committee grant delegated authority be granted to the Executive Director of Environment Development and Housing in consultation with the Director of Finance to set up a DPS with a duration of up to four (4) years and run call-off tenders for the provision of long term managed leased accommodation which may be situated outside of the Brighton & Hove Local Authority Local Housing Allowance Area provided we seek to procure within an hour’s travelling time of the city by public transport.
2) That the Committee grant delegated authority is granted to the Executive Director of Environment Development and Housing to award contracts under the DPS as required following the recommendations of the evaluation panel with respect to individual call-off tenders run under the DPS. |
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Procurement of the Primary & Special School Meals Contract Report of the Executive Director for Children’s Services (copy attached). Additional documents: Decision: That the Committee:
1) Authorise the Director of Children’s Services to procure and award a new contract for primary and special school meals with a term of four years and an option to extend the term by up to a further two years.
2) Authorise the Director of Children’s Services to grant a two year extension to the contract referred to in 2.1 above, subject to performance of the contractor.
3) Note that in parallel to the procurement process for a new contract, a separate exercise will take place to determine whether an alternative provision might offer financial or other potential benefits to the council, schools and the city.
4) Note that in the event that an alternative delivery option may provide a better opportunity, a further report detailing the proposals will be brought to Committee for a decision. Minutes: 109.1 The Committee considered a report of the Executive Director for Children’s Services in relation to Procurement of the Primary & Special School Meals Contract. The report sought authorisation to let a contract for all Primary & Special Schools (excluding the Bilingual Primary) with the city and at the same time investigate alternative options for service delivery; the current contractual agreement was due to end on 31 July 2017.
109.2 In response to Councillor Wealls it was clarified that the recommendation to explore an in-house option had come from the Procurement Advisory Board; there was already a strong team leading on this that had the capacity to look at other options.
109.3 Councillor Sykes highlighted that the authority had been the first in the country to be receive Silver in the Food for Life Award, and it was important this be maintained. In response to a further question the Executive Director confirmed that both streams of the process could run in parallel: the procurement and the exploration of alternative service delivery models.
109.4 In response to Councillor Mac Cafferty the Executive Director confirmed that any decision to progress an alternative model would have to be taken by the Committee. Councillor Meadows also added that the alternative model would likely focus on elements that could be added during the procurement process and she reiterated that this would have to come before the Committee for final decision.
109.5 The Chair then put the recommendations to the vote:
109.6 RESOLVED: That the Committee:
1) Authorise the Director of Children’s Services to procure and award a new contract for primary and special school meals with a term of four years and an option to extend the term by up to a further two years.
2) Authorise the Director of Children’s Services to grant a two year extension to the contract referred to in 2.1 above, subject to performance of the contractor.
3) Note that in parallel to the procurement process for a new contract, a separate exercise will take place to determine whether an alternative provision might offer financial or other potential benefits to the council, schools and the city.
4) Note that in the event that an alternative delivery option may provide a better opportunity, a further report detailing the proposals will be brought to Committee for a decision. |
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King Alfred Development Report of the Acting Executive Director for Environment, Development & Housing (copy attached). Additional documents: Minutes: 110.1 The Committee considered a report of Acting Executive Director for Environment, Development & Housing in relation to Kind Alfred Development. The report, together with information presented in the Part Two report, advised the Committee of the competitive dialogue procurement process conducted with shortlisted bidders, and that the final tender evaluation had been completed. The report also recommended the appointment of a preferred bidder, subject to completion of an appropriate Development Agreement and provided details of the next steps and anticipated delivery timetable. The cross-party project board was advised of the outcome of the detailed evaluation process at its meeting on 5 January 2016, and it supported the recommendation of the evaluations panel together with the referral to the Policy & Resources Committee for decision.
110.2 The Chair extended thanks to all Officers that had been involved with the project to the present, as well the involvement of Members – some of which had since stood down from office.
110.3 Councillor Mitchell highlighted the decision before the Committee as an important milestone for the site and project; she extended her thanks to everyone that had worked and been involved up to this point.
110.4 Councillor G. Theobald welcomed and endorsed the report, and added that the redevelopment of the site had been long awaited; he commended the work of all those that had been involved up this point.
110.5 Councillor Mac Cafferty echoed the comments made by other Members, and added that the end product would be worth the amount of work that was needed to secure the future of the site.
110.6 In response to questions from Councillor Mac Cafferty it was explained by Officers that the phasing issue would form part of the development agreement that would still need to come before the Committee for decision at a later date – were the recommendations agreed at the meeting. In relation to the re-provision of facilities during the build, this would take place across the other sites operated by Freedom Leisure across the city – who ran the majority of the Council owned sports and leisure sites.
110.7 The Chair then proposed that the Committee considered the information contained in the Part Two report (Item 112) andexclude the press and public under Section 100A(4) of the Local Government Act 1972 as the Part 2 report contained exempt information as defined in paragraphs 3 & 5 of schedule 12A, Part 1, to the Local Government Act 1972 (as amended).
110.8 Following the consideration of the Part Two (Item 112) information the Chair explained that the Part Two recommendations had been agreed and a letter would be sent out to the bidders under regulation 32 of the Public Contract Regulations 2006; following which a press release would be issued by the Council the following day.
110.9 The Chair then put the recommendations contained in the Part One report (Item 110) to the vote:
110.10 RESOLVED - That the Committee:
1) Support the Project Board’s work in advancing the project to this stage.
2) Note the process followed for the competitive dialogue tendering of the King Alfred Development opportunity.
3) Note that Bouygues Development and Crest Nicholson in partnership with the Starr Trust (‘the shortlisted Bidders’) have engaged in competitive dialogue with the council during 2015, and submitted Final Tenders in August 2015.
4) Support the Evaluation Panel’s assessment of the Final Tenders, details of which are presented in the Part II report.
5) Agree that, if the committee in Part II approve the Evaluation Panel’s and Project Board’s recommendation as to who should be appointed Preferred Bidder, and an Alcatel Letter has been issued accordingly, an announcement as to who the Preferred Bidder is may be made at the appropriate time.
6) Note that the draft Head of Terms for the Development Agreement are included in the Part II report and that the terms of the final version of the Development Agreement will be referred to committee for approval once they are finalised.
7) Approve in principle a capital contribution of £8m towards the development of a new public sports and leisure centre funded by forecast operational savings subject to the contribution being cost neutral to the council.
8) Note the indicative timetable for taking the project forward. |
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Items Referred For Council To consider items to be submitted to the 28 January 2016 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 18 January 2016 (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: 111.1 There were no items referred to Council on 28 January 2016. |
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King Alfred Development - Exempt Categories 3 & 5 Part Two report and appendices to Item 110 on the main agenda (circulated to Members only). Minutes: 112.1 The Committee agreed the recommendations set out in the Part Two report. |
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Part Two Minutes - Exempt Category 3 To consider the part two minutes of the meeting held on 3 December 2015 (circulated to Members only). Minutes: 113.1 RESOLVED – That the Chair be authorised to sign the Part Two minutes of the meeting held on 3 December 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: 114.1 RESOLVED – That the information contained in items 112 & 113 remain exempt from disclosure to the press and public. |