Agenda for Policy & Resources Committee on Thursday, 20th March, 2014, 4.00pm

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Agenda, decisions and minutes

Venue: Council Chamber, Hove Town Hall. View directions

Contact: Mark Wall  Head of Democratic Services

Webcast: View the webcast

Items
No. Item

139.

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 not registered on the register of 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

     

    139.1    Councillor Davey declared that he was attending the meeting as a substitute for Councillor Randall.

     

                (b)    Declarations of Interest

     

    139.2    There were no declarations of interest.

     

                (c)    Exclusion of the Press and Public

     

    139.3    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.

     

    139.4    RESOLVED: That the press and public be excluded from the meeting during consideration of the items contained in part two of the agenda.

140.

Minutes pdf icon PDF 131 KB

    To consider (a) the minutes of the last ordinary meeting held on 13th February 2014 and (b) the minutes of the special meeting held on the 6th March 2014 (copies attached).

    Additional documents:

    Minutes:

    140.1    RESOLVED: That the minutes of the last ordinary meeting held on the 13th February 2014 be approved as a correct record of the proceedings and signed by the Chair subject to the following amendments:

     

    (i)           Item 121 General Fund Revenue Budget & Council Tax 2014/15 – to include a note that Councillors G. Theobald, A. Norman and Peltzer Dunn wished their names recorded as having voted against recommendations 2.1 and 2.2.

     

    (ii)         Item 127 ICT Strategy and Resourcing Update: paragraph 127.4 to read; “Councillor G. Theobald welcomed the report and thanked officers for the work that had been done.  However, he questioned whether the lack of investment was the main reason for the situation that had arisen and suggested that a clear strategy was needed to improve provision across the authority for officers and members of the public as well as councillors if the proposed level of expenditure was to be undertaken.”

     

    140.2    RESOLVED: That the minutes of the special meeting held on the 6th March 2014 be approved as a correct record of the proceedings and signed by the Chair subject to the following amendment:

     

    (i)      Item 135 Brighton i360 – paragraph 135.6 to read, “Councillor G. Theobald asked for confirmation that should any proposals for the redevelopment of the West Pier be submitted, they would not be prohibited as a result of the i360 development being approved.”

141.

Chair's Communications

    Additional documents:

    Minutes:

    141.1          The Chair noted that the City Deal bid had been successful and looked forward to the various projects being taken forward and working with the partner organisations that were involved in the bid across the city and the region.

     

    141.2          The Chair noted that the Deputy Leader was meeting with colleagues today to progress matters in relation to the Coast 2 Capital partnership.

     

    141.3          The Chair also noted that the Seafront Scrutiny Review Panel had held its first public meeting, and had been encouraged by levels of interest and participation, which it was hoped would then help to fashion the much needed maintenance, restoration and development of the seafront.

     

    141.4          The Chair then offered his congratulations to The Transport Operations team who had won an award for Exceptional Customer Service at the British Parking Awards 2014.

142.

Call Over

    (a)               Items (145 – 162) 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:

    142.1    The following items on the agenda were reserved for discussion:

     

    Item 145         Pay Policy Statement 2014-15

    Item 148         Educational Capital Resources and Capital Investment Programme 2014/15

    Item 149         2014/15 Local Transport Capital Programme

    Item 150         Concessionary Bus Travel – 3 Year Fixed Deals

    Item 152         Planned Maintenance Budget Allocation 2014-15 and Programme of Works for the Council’s Operational Buildings

    Item 153         ICT Data Centre and Hosting

    Item 154         Review of the Council’s Constitution

    Item 155         Local Discretionary Social Fund Review

    Item 157         Annual Update of the Council’s Corporate Plan

    Item 158         Sexual Health Services

    Item 160         Sexual Health Services – Exempt Category 5

    Item 161         Concessionary Bus Travel - £ Year Fixed Deals – Exempt Category 3

    Item 162         Part Two Minutes – Exempt Categories 3 & 5

     

    142.2    The Head of Democratic Services confirmed that the items listed above had been reserved for discussion, and that the following reports on the agenda with the recommendations therein had been approved and adopted:

     

    Item 146         Treasury Management Policy Strategy 2014/15

    Item 147         Annual Investment Strategy 2014-15

    Item 151         Article 4 Direction – Offices to Residential

    Item 156         Risk Management Strategy 2014-2017

143.

Public Involvement pdf icon PDF 62 KB

    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 at the meeting itself;

     

    (i)           Old Police Station, St Andrew’s Road, Portslade (copy attached).

     

    (ii)         Don’t Privatise Our NHS Sexual Health Services (copy attached).

     

    (b)         Written Questions: to receive any questions submitted by the due date of 12 noon on the 13th March 2014;

     

    (c)         Deputations: to receive any deputations submitted by the due date of 12 noon on the 13th March 2014.

    Additional documents:

    Minutes:

    143.1    The Chair noted that two petitions were due to be presented at the meeting and that there were no questions or deputations from members of the public.  He therefore welcomed Ms. Scales to the meeting and invited her to present the first petition regarding the Old Police Station in St. Andrew’s Road, Portslade.

     

    143.2    Ms. Scales thanked the Chair and stated that a 156 people had signed the e-petition which was requesting the council to consult with the residents over the future of the Old Police Station and its possible use as a community facility.  The residents had not been consulted on the redevelopment of the building into housing accommodation and believed that works had been put on hold and therefore sought the opportunity to put forward a case for a heritage centre, which could become a resource for local schools and adult education services.

     

    143.3    The Chair thanked Ms. Scales for attending the meeting and stated that the matter had been raised by the ward councillors and officers had visited the site and provided the ward councillors with a briefing note on the proposed development for social housing which had been approved and was due to proceed as planned.  He therefore felt that it was not possible to accede to the petition’s request and proposed that it be noted.

     

    143.4    RESOLVED: That the petition be noted.

     

    143.5    The Chair then invited Mr. Tilbury to come forward and present the petition concerning the privatisation of NHS Sexual Health Services.

     

    143.6    Mr. Tilbury thanked the Chair and stated that a combined paper and e-petition had been signed by over 750 people who wanted to register the need to protect NHS services and to oppose the privatisation of services.  There was a real concern over the tendering process being proposed for the sexual health services and the possible splitting of services which had had a negative impact elsewhere in parts of the country.  He therefore hoped that these concerns would be taken into consideration and the services protected accordingly.

     

    143.7    The Chair thanked Mr. Tilbury for attending the meeting and noted that the committee was due to consider a report later on the agenda which sought to secure an integrated provision for sexual health services in the city and therefore proposed that the petition be noted and taken into consideration during the debate on the report.

     

    143.8    RESOLVED: That the petition be noted.

144.

Member Involvement pdf icon PDF 54 KB

    To consider the following matters raised by councillors:

     

    (a)         Petitions: to receive any petitions submitted to the full Council or at the meeting itself;

    (b)         Notices of Motion: to consider any Notices of Motion referred from Council or submitted directly to the Committee.

     

    (i)      Disabled Access – Rottingdean Terrace.  Notice of Motion approved and referred from the Council meeting held on the 30th January 2014 (copy attached).

    Additional documents:

    Decision:

    That the notice of motion be noted and an officer report on the matter be requested for the next meeting in May 2014.

    Minutes:

    144.1    The Chair noted that a Notice of Motion, concerning disabled access to the Rottingdean terraces had been referred to the committee for consideration by the Council at its meeting on the 30th January 2014.  He also noted that Councillor Hyde had requested to speak on the matter and invited her to come forward to address the Committee.

     

    144.2    Councillor Hyde thanked the Chair and stated that she hoped that the council would be able to consider meeting the request from the Parish Council to support the provision of a ramp for disabled access to enable disabled residents and visitors access to the terraces.  She noted that the Parish Council had commissioned a report from the Federation for the Disabled and that this had been referred to officers for consideration.  She noted that the report welcomed the intention to open up the terraces and acknowledged that it was not possible to create an ideal ramp for wheelchair users but that should not prevent the provision of a ramp.  She was also aware that officers had visited the site and expressed the view that the steepness of the slope would prevent the provision of a suitable ramp, however the Parish Council were of the view that it could be achieved and sought a financial contribution from the city council to enable it to meet the access requirement.  She therefore hoped that the committee would consider the allocation of resources to support the provision of a ramp.

     

    144.3    The Chair thanked Councillor Hyde for attending the meeting and stated that he believed there were several issues relating to the request and the council’s position and therefore proposed that a full report should be brought to the next meeting for consideration.

     

    144.4    RESOLVED: That the notice of motion be noted and an officer report on the matter be requested for the next meeting in May 2014.

145.

Pay Policy Statement 2014-15 pdf icon PDF 100 KB

    Report of the Executive Director for Finance & Resources (copy attached).

    Additional documents:

    Decision:

    That the Council be recommended to approve the adoption of the pay policy statement 2014/15 attached at Appendix A to the report.

    Minutes:

    145.1    The Executive Director for Finance & Resources introduced the report which detailed the council’s pay policy for 2014/15 as required by the Localism Act 2011.  She stated that there had been no significant changes to the policy since its last publication in 2013 and therefore recommended it to the committee.

     

    145.2    Councillor Littman welcomed the report and stated that he wished to thank the officers involved in producing the policy and noted that it continued to support the drive for value for money.

     

    145.3    Councillor G. Theobald welcomed the transparency that the pay policy provided and stated that the public had a right to know the information detailed in the policy.  However, he remained concerned that Members were not given the opportunity to vote on the levels of redundancy and severance packages above £100k which was outlined in the Government’s Guidance that related to Section 40 of the Localism Act 2011.  He also referred to pages 34 and 35 of the agenda and queried whether all professional fees were paid for those officers in the organisation that were required to maintain their professional qualification.

     

    145.4    The Monitoring Officer stated that the question of salaries over £100k being determined by all Members was only guidance and was not a mandatory requirement.  Having looked at a number of other authorities none had been found which complied with the guidance.  The Council’s Appointments Panel for senior officers had been established so that it could consider the level of remuneration to be offered and then recommend that to full council for approval.  He also noted that the council was obliged to publish the salary details of senior and second tier officers and the use of the Appointments Panel reflected best practice.

     

    145.5    The Executive Director for Finance & Resources stated the payment of professional fees differed across the organisation for various reasons and she would provide Councillor Theobald with further information following the meeting.

     

    145.6    The Chair noted the comments and put the recommendation to the vote which was carried.

     

    145.7    RESOLVED TO RECOMMEND: That the Council be recommended to approve the adoption of the pay policy statement 2014/15 attached at Appendix A to the report.

146.

Treasury Management Policy Strategy 2014/15 pdf icon PDF 74 KB

147.

Annual Investment Strategy 2014/15 pdf icon PDF 78 KB

148.

Education Capital Resources and Capital Investment Programme 2014/15 pdf icon PDF 79 KB

    Extract from the proceedings of the Children & Young People Committee meeting held on the 10th March 2014 (to follow); together with a report of the Executive Director for Children’s Services (copy attached).

    Additional documents:

    Decision:

    (1)               That the level of available capital resources totalling £8.887 million for investment relating to education buildings financed from capital grant, revenue contributions and borrowing be noted; and

     

    (2)               That the allocation of funding as shown in Appendices 2 and 3 to the report be agreed and included within the council’s Capital Investment Programme 2014/15.

    Minutes:

    148.1    The Executive Director for Children’s Services introduced the report which detailed the level of available capital resources allocated to the Education Capital Programme and sought approval of the programme as part of the council’s Capital Investment Programme 2014/15.  He noted that the Children & Young People Committee had received the report at its meeting on the 10th March 2014 and an extract from the proceedings had been circulated as an addendum.  He also noted that the Government had also made an additional allocation of £24.6m for future years related to basic need which was a significant addition to the available £8.8m listed in paragraph 2.1 of the report.

     

    148.2    Councillor Shanks welcomed the additional allocation of funding from the Government which should help to provide for the needed secondary school places across the city.

     

    148.3    Councillor A. Norman also welcomed the additional settlement from the Government and noted that it should help to support the capital programme for schools across the city.

     

    148.4    The Chair noted the comments and put the recommendations to the vote.

     

    148.5    RESOLVED:

     

    (1)         That the level of available capital resources totalling £8.887 million for investment relating to education buildings financed from capital grant, revenue contributions and borrowing be noted.

     

    (2)         That it be agreed that the allocation of funding as shown in Appendices 2 and 3 to the report be included within the council’s Capital Investment Programme 2014/15.

149.

2014/15 Local Transport Capital Programme pdf icon PDF 101 KB

    Report of the Executive Director for Environment, Development & Housing (copy to follow).

    Additional documents:

    Decision:

    (1)               That the 2014/15 Local Transport Plan [LTP] capital programme budget of £8.899m for the Capital Renewal (Maintenance) and Integrated Transport work programmes set out in Appendix 1 of this report;

     

    (2)               That the Committee approves funding for the LTP programme of £7.479m from the LTP 2014/15 grant allocation as set out Appendix 1, and up to £1.420m brought forward from the LTP 2015/16 grant allocation to enable completion of the King’s Road Arches (adjacent to the i360 site) as set out at paragraph 3.5 of the report;

     

    (3)               That officers be instructed to continue to seek alternative sources of external funding for transport schemes in the LTP Capital Programme and that any LTP funding freed up in this way, or not required on the projects listed in Appendix 1, be allocated to the Maintenance Funding Block.

     

    Minutes:

    149.1    The Lead Commissioner for City Regulation & Infrastructure introduced the report which outlined the capital funding that was available for Local Transport Plan (LTP), projects in 2014/15.  He stated that it was an annual programme of works which was brought to committee for approval and was a programme that reflected the Corporate Plan objectives.  He noted that provision needed to be identified to address the continued deterioration of the seafront and that a scrutiny review was being undertaken to look at how the issues affecting seafront could be addressed.  He also drew the committee’s attention to some errors in the figures listed in the report; on page 11 the capital renewal/maintenance sub-total figure in 2015/16 future implications column should be £2,080 and not £3,500; on page 14 the Grand Total row for the 2015/16 Future Implications column should read £5,580 and not £7,000 and the Grand Totals row for the 2013/14 Previous Allocation Column should read £6,349 and not £6,456.

     

    149.2    Councillor Davey welcomed the report and noted the £9m investment in the transport infrastructure which was important and stated that he was happy to accept the Conservative amendment to the recommendations.

     

    149.3    Councillor Morgan thanked the officers for the report and stated that he had a number of questions and was concerned about the proposal to bring forward £1.420m borrowing from the 2015/16 grant allocation for future projects.   He queried whether it was intended to charge motorists given the increase to £55k for the provision of electric car charging points and noted that only Section 106 monies would be available for improvements to bus stops and dropped curbs.  He also questioned why further expenditure was being identified for the 20mph phase 3 if the consultation had not been completed and sought clarification in relation to the £100k for Shelter Hall.

     

    149.4    The Lead Commissioner for City Regulation & Infrastructure stated that the additional £100k for Shelter Hall was required for temporary works to the structure and detailed design works for the bid as further funding needed to be secured.  The additional £55k for electric charge pints was part of the wider regional programme within East and West Sussex and it was likely that the option to charge users in the future would be looked at.  The use of section 106 funding for the provision of additional bus stops was anticipated to see an increase in their provision throughout the city, as well as improvements to pavements and more dropped curbs.  In relation to the implementation of 20mph zones, further reduction measures were required and would be supported e.g. parking restrictions and signage.

     

    149.5    Councillor G. Theobald moved an amendment on behalf of the Conservative Group to add an additional recommendation to the report’s recommendations and welcomed the additional allocation of grant funding from the government.  He noted that there was a need to address the problems in terms of seafront maintenance and the Arches and also expressed concern over the level of road maintenance, which was an important factor in enabling visitors to the city.

     

    149.6    Councillor Peltzer Dunn formally seconded the amendment.

     

    149.7    Councillor Davey noted the comments and that the developments at Lewes Road, Seven Dials and Old Shoreham Road had brought significant funding for maintenance.  There had been a historical under-investment in the transport infrastructure which was now being addressed and he hoped would bring further improvements in the future.

     

    149.8    The Chair noted that only a quarter of the required funding for road maintenance was provided for by the government nationally and suggested that there was an over-centralised funding system which prevented local authorities from being able to address their needs.  He noted that the Conservative amendment had been accepted and therefore put the recommendations as amended to the vote.

     

    149.9    RESOLVED:

     

    (1)         That the 2014/15 Local Transport Plan [LTP] capital programme budget of £8.899m for the Capital Renewal (Maintenance) and Integrated Transport work programmes set out in Appendix 1 of this report;

     

    (2)         That the Committee approves funding for the LTP programme of £7.479m from the LTP 2014/15 grant allocation as set out Appendix 1, and up to £1.420m brought forward from the LTP 2015/16 grant allocation to enable completion of the King’s Road Arches (adjacent to the i360 site) as set out at paragraph 3.5 of the report;

     

    (3)         That officers be instructed to continue to seek alternative sources of external funding for transport schemes in the LTP Capital Programme and that any LTP funding freed up in this way, or not required on the projects listed in Appendix 1, be allocated to the Maintenance Funding Block.

     

    Note:   The special circumstances for non-compliance with Council Procedure Rule 23, Access to Information Rule 5 and Section 100B (4) of the Local Government Act as amended (items not considered unless the agenda is open to inspection at least five days in advance of the meeting), are that officers required additional time to finalise the proposed programme of investment in order take into account two recent, key decisions on the council’s 2014/15 budget and the future of the i360 viewing tower.

150.

Concessionary Bus Travel - 3 Year Fixed Deals pdf icon PDF 73 KB

    Report of the Executive Director for Finance & Resources (copy attached).

    Additional documents:

    Decision:

    (1)               That the forecast comparisons between the current fixed deal payments and the estimated level of reimbursement through the DfT model be noted;

     

    (2)               That the progress made to date on the negotiations for new fixed deals; as set out in appendix 1 (in part 2 of the agenda) be noted; and

     

    (3)               That the Executive Director of Finance &Resources, after consultation with the Chair of Policy & Resources Committee, be authorised to finalise terms for concessionary fares fixed reimbursement deals with both Brighton & Hove Bus and Coach Company and Stagecoach South.

    Minutes:

    150.1    The Executive Director for Finance & Resources introduced the report which outlined the process of negotiations with the local bus companies and sought delegated authority to conclude the negotiations for a 3-year fixed deal concessionary bus travel contract.  She noted that the Department for Transport (DfT)had developed a reimbursement model for local authorities but that the council had previously entered into fixed deals with the local providers which were now due for renewal.  The intention was to seek to extend these fixed deals rather than use the DfT model as they would provide benefits to both parties that the model would not.

     

    150.2    Councillor Davey stated that there was a need to conclude the negotiations and he hoped that an agreement could be reached as there was a significant cost to the council.  He also wished to commend the officers for their work on this matter to date.

     

    150.3    Councillor A. Norman stated that the previous arrangements had worked well and she hoped that similar agreements could be achieved and also wished to acknowledge the officers on their work to date.

     

    150.4    The Chair noted the comments and put the recommendations to the vote.

     

    150.5    RESOLVED:

     

    (1)         That the forecast comparisons between the current fixed deal payments and the estimated level of reimbursement through the DfT model be noted;

     

    (2)         That the progress made to date on the negotiations for new fixed deals; as set out in appendix 1 (in part 2 of the agenda) be noted; and

     

    (3)         That the Executive Director of Finance &Resources, after consultation with the Chair of Policy & Resources Committee, be authorised to finalise terms for concessionary fares fixed reimbursement deals with both Brighton & Hove Bus and Coach Company and Stagecoach South.

151.

Article 4 Direction - Offices to Residential pdf icon PDF 91 KB

152.

Planned Maintenance Budget Allocation 2014-15 and Programme of Works for the Council’s Operational Buildings pdf icon PDF 93 KB

    Report of the Executive Director for Finance & Resources (copy attached).

    Additional documents:

    Decision:

    (1)               That the annual programme of planned maintenance works to the council’s operational buildings at an estimated cost of £3,827,880, as detailed in Appendices 2 and 3 of the report be approved; and

     

    (2)               That the Executive Director Finance & Resources be granted delegated authority o enter into contracts within this budget, as required, and in accordance with Contract Standing Orders.

    Minutes:

    152.1    The Executive Director for Finance & Resources introduced the report which detailed the proposed allocation of improvement and essential repair works to civic offices, historic, operational and commercial buildings within the Corporate Planned Maintenance Budget for 2014/15 of £3,327,880.  She noted that the council’s workstyles programme was being used to reduce the property portfolio and to allow for investment in those buildings where it was required.

     

    152.2    Councillor Littman welcomed the report and thanked the officers concerned for a very good piece of work which contributed to the council’s value for money programme.

     

    152.3    Councillor Morgan noted that Hove Town Hall was not listed under the venues and queried whether it should be and whether other buildings had not been included.

     

    152.4    The Executive Director for Finance & Resources stated that she would provide the Councillor with further detailed information following the meeting as she did not have that available.

     

    152.5    The Chair noted the comments and put the recommendations to the vote.

     

    152.6    RESOLVED:

     

    (1)         That the annual programme of planned maintenance works to the council’s operational buildings at an estimated cost of £3,827,880, as detailed in Appendices 2 and 3 of the report be approved; and

     

    (2)         That the Executive Director Finance & Resources be granted delegated authority o enter into contracts within this budget, as required, and in accordance with Contract Standing Orders.

153.

ICT Data Centre and Hosting pdf icon PDF 84 KB

    Report of the Executive Director for Finance & Resources (copy attached).

    Additional documents:

    Decision:

    (1)               That the findings of the options appraisal of the council’s future needs for data centre services as set out in paragraph 3.6 of the report be noted;

     

    (2)               That the procurement of a contract for off-site data centre provision, with a contract term of up to 5 years with an option to extend for a further 2 year period be authorised; and

     

    (3)               That the Executive Director Finance & Resources be granted delegated authority to identify and implement the most appropriate method of procurement, in accordance with the council’s Contract Standing orders, to award the contract and, subject to satisfactory performance of the contractor, to exercise the option to extend the contract for a further 2-year period.

    Minutes:

    153.1    The Executive Director for Finance & Resources introduced the report which detailed the results of an options appraisal and proposed that a procurement process be undertaken to enable a cost effective, flexible and resilient data centre to be provided for the council’s ICT systems.  She noted that partner authorities from the SE7 Group had been consulted helped to formulate the proposals for the relocation of the data centre and future storage requirements.

     

    153.2    Councillor G. Theobald stated that this was a significant decision and one that he could not support at this point in time as he was unsure as to whether the committee members were technically qualified to make a judgement.  He felt that more information was needed before a decision was taken and had expected an officer on briefing on the matter before it came to committee.

     

    153.3    The Executive Director for Finance & Resources referred to the options appraisal and noted that the best option was to have a co-located and hosted service which it was hoped an open procurement process would achieve.  She apologised for the lack of a briefing for Members but offered to take interested groups through the options appraisal at a separate meeting.

     

    153.4    Councillor A. Norman stated that she was also concerned about the process and was not happy with the report at it stood and felt that given the substantial amount of money involved that an officer briefing should have been offered.

     

    153.5    The Chair noted the comments and stated that he felt the process was very clear and referred to the options set out in appendix 1 to the report.  He therefore put the recommendations to the vote.

     

    153.6    RESOLVED:

     

    (1)         That the findings of the options appraisal of the council’s future needs for data centre services as set out in paragraph 3.6 of the report be noted;

     

    (2)         That the procurement of a contract for off-site data centre provision, with a contract term of up to 5 years with an option to extend for a further 2 year period be authorised; and

     

    (3)         That the Executive Director Finance & Resources be granted delegated authority to identify and implement the most appropriate method of procurement, in accordance with the council’s Contract Standing orders, to award the contract and, subject to satisfactory performance of the contractor, to exercise the option to extend the contract for a further 2-year period.

     

    Note:   Councillors G. Theobald, A. Norman and Peltzer Dunn wished their names recorded as having voted against the above resolutions.

154.

Review of the Council's Constitution 2014

    Report of the Monitoring Officer (copy attached).

    Additional documents:

    Decision:

    (1)               That the proposed changes to officer delegations set out at paragraphs 3.13 to 3.15 and Appendices 7 (a) to (c) of the report and that the changes come into effect on 1st April 2014 be approved;

     

    (2)               That the Chief Executive be authorised to take all steps necessary or incidental to the implementation of the changes agreed by Policy & Resources Committee and that the Monitoring Officer be authorised to amend and re-publish the Council’s constitutional documents to incorporate all the changes referred to at  (1 )above;

     

    (3)               That the proposed changes to the Council’s constitution as set out in paragraphs 3.2 to 3.11 and Appendices1 to 6 of the report be recommended to the Full Council for approval;

     

    (4)               That the Full Council approve the proposed changes to the Council’s constitution recommended in paragraphs 3.2 to 3.11 and Appendices 1 to 6 of the report be approved and adopted from 1st April 2014;

     

    (5)               That the Full Council authorise the Chief Executive to take all steps necessary or incidental to the implementation of the changes agreed by Council and that the Monitoring Officer be authorised to amend and re-publish the Council’s constitutional documents to incorporate all the changes referred to at (4) above.

    Minutes:

    154.1          The Monitoring Officer introduced the report which detailed the proposed changes to the council’s constitution to take account of changes to officer delegations and the need to account for legislative changes and to incorporate best practice.   He noted that recommendations had come forward from the Constitutional Working Group and the Planning Protocol Working Group.  He also noted that following further discussions with the Members of the Constitutional Working Group certain aspects relating to the position of Neighbourhood Forums and Rottingdean Parish Council would be clarified and reported to Full Council as part of an addendum for the meeting on the 27th March.  He then drew the committee’s attention to the fact that the recommendation to Full Council should include paragraphs 3.2 to 3.12 rather than 3.11 as listed in the report.

     

    154.2          Councillor Littman stated that he wished to thank the officers that supported the Constitutional Working Group and the Members who formed by of the Working Group, and stated that he believed it was an excellent example of cross-party working.

     

    154.3          Councillor Peltzer Dunn also thanked the officers for their support to the Working Group and referred to pages 181 paragraph 1(b) and 183 paragraph (c) (3), and 192 paragraph 6 second bullet point, and asked if clarification could be made.  He believed that the question of Members ‘lobbying’ Members of the Planning Committee needed to be clear and suggested that Ward Members should have the ability to speak to a matter at Planning Committee for a full 3 minutes each rather than find they had to share the allotted 3 minutes for objecting to an application.  He also noted that no reference was made to those wishing to speak in support of an application and queried whether this should be included in the protocol.

     

    154.4          The Monitoring Officer noted the comments and stated that further clarification could be made in regard to the issue of ‘lobbying.’  He also noted that the Planning Protocol Working Group had considered the question of enabling each Ward Member to speak for a full 3 minutes but had felt that it was appropriate to retain the 3 minutes in total for Ward Members to object to an application.  However, he would raise the question again with the Head of Planning to see if the question could be reconsidered.  He also noted that ultimately the Chair of the Planning Committee had the discretion and flexibility to extend the time allotted for objections to an application.  With regard to the need to reference speaking rights for supported to an application, he stated that he would raise this with the Planning Protocol Working Group, but noted that there was no automatic legal right to speak at a committee meeting.

     

    154.5          Councillor Peltzer Dunn referred to the role of the Neighbourhood Forum and Rottingdean Parish Council and suggested that the protocol should be revised to say that they would only have the ability to comment on developments in the area that related to their boundaries.

     

    154.6          The Monitoring Officer stated that he would amend the definition in the protocol to clarify that Neighbourhood Forums and Rottingdean Parish Council could only comment on those applications which related to their specific areas.

     

    154.7          Councillor Morgan stated that he wished to add his thanks to the officers who supported the Constitutional Working Group.  He also noted the proposed change on page 197 with the Scrutiny Team moving into the Policy Team and noted that he had previously presented a letter to the Committee seeking assurances that the role and work of scrutiny would remain independent to that of policy.  He was therefore cautious about the proposal and felt that it was important to retain a relevant and independent scrutiny function.

     

    154.8          Councillor G. Theobald referred to page 184 and queried whether officer support would be made available for planning appeals when a committee decision went against officer recommendations and was then taken to appeal.

     

    154.9          The  Monitoring Officer stated that the principle remained in that a Member decision would be supported by officers and therefore the Head of Planning needed to consider how best to provide officer support  for any appeal where the decision had been made against officer recommendations.  He would raise the matter with the Head of Planning and seek to amend the protocol accordingly.

     

    154.10      Councillor A. Norman noted that it was proposed to extend the web casting of meetings to include the Environment, Transport & Sustainability and Housing Committees.  She stated that having had to watch the web cast of the last committee meeting she had found difficulties with the quality and accessibility of the web cast on her council lap top.  She therefore wondered if these problems should be addressed before the facility was extended to other committee meetings; as she believed she was not alone in experiencing such problems.

     

    154.11      The Chair stated that there could be a number of factors that would affect the quality of the web cast such as the speed of the internet connection, the area people live in, the actual computer being used etc…  He noted that the web cast facility had been approved following a procurement process and that the current provider was based in Hove and worked closely with Democratic Services to provide a good service.  He would also be happy to look at Councillor Norman’s set up to see if any changes would enable an improvement to be made.

     

    154.12      Councillor Norman thanked the Chair and stated that she was keen to ensure that the provision was good value for the user.

     

    154.13      The Chair noted the comments and put the recommendations to the vote with the amendment to include paragraph 3.12 which was carried.

     

    154.14      RESOLVED:

     

    (1)         That the proposed changes to officer delegations set out at paragraphs 3.13 to 3.15 and Appendices 7 (a) to (c) of the report be approved and that the changes come into effect on 1st April 2014;

     

    (2)         That the Chief Executive be authorised to take all steps necessary or incidental to the implementation of the changes agreed by Policy & Resources Committee and that the Monitoring Officer be authorised to amend and re-publish the Council’s constitutional documents to incorporate all the changes referred to at (1) above;

     

    154.15      RESOLVED TO RECOMMEND:

     

    (3)         That full Council be recommended to approve the proposed changes to the Council’s constitution as set out in paragraphs 3.2 to 3.12 and Appendices1 to 6 of the report.

     

    (4)         That the Chief Executive be authorised to take all steps necessary or incidental to the implementation of the changes agreed by Council and that the Monitoring Officer be authorised to amend and re-publish the Council’s constitutional documents to incorporate all the changes referred to at (3) above.

155.

Local Discretionary Social Fund Review pdf icon PDF 92 KB

    Report of the Executive Director for Finance & Resources (copy attached).

    Additional documents:

    Decision:

    (1)               That the Local Discretionary Social Fund Policy as amended and set out in Appendix 1 to the report, to take effect from 1st April 2014 be agreed; and

     

    (2)               That the planned funding approach to enable a scheme to continue beyond 2014/15 as set out in paragraphs 4.14 - 4.21 of the report be noted.

     

    Minutes:

    155.1    The Executive Director for Finance & Resources introduced the report which detailed the approved Local Discretionary Social Fund that had been approved by the committee in 2012 and the results of a review of the scheme as agreed after a year of its operation.  She noted that there was uncertainty about the level of funding that would be available in 2015/16 and therefore officers were looking at how it could be maintained given the success of supporting those people in need and the desire to maintain that support in the medium to long term for the acutely vulnerable.

     

    155.2    Councillor Littman welcomed the report and stated that officers had done a tremendous job to date in supporting those people in need and enabling them access resources that they were not aware of and therefore hoped that the committee would agree to continuing with the scheme.

     

    155.3    Councillor Morgan welcomed the report and agreed that there was a need to maintain the scheme as much as possible.

     

    155.4    The Chair put the recommendations to the vote.

     

    155.5    RESOLVED:

     

    (1)         That the Local Discretionary Social Fund Policy as amended and set out in Appendix 1 to the report, to take effect from 1st April 2014 be agreed; and

     

    (2)         That the planned funding approach to enable a scheme to continue beyond 2014/15 as set out in paragraphs 4.14 - 4.21 of the report be noted.

156.

Risk Management Strategy 2014 - 2017 pdf icon PDF 72 KB

    Report of the Executive Director for Finance & Resources (copy attached).

    Additional documents:

    Decision:

    (1)               That the Risk Management Strategy 2014 – 2017 (Appendix 1); and the Risk Management Programme by year (Appendix 2) be approved;

     

    (2)               That the Executive Director, Finance & Resources be delegated authority to alter the risk management process (which is published on the intranet ‘the Wave’) as necessary so that it is kept up to date with changing requirements and best practice;

     

    (3)               That it be noted that any changes made to the risk management process will be reported as part of the risk management annual progress report to the Audit & Standards Committee;

     

    (4)               That it be noted that the Audit & Standards Committee will monitor the performance and progress in the implementation of the Risk Management Strategy over the next three years.

    Minutes:

    156.1  RESOLVED:

     

    (1)         That the Risk Management Strategy 2014 – 2017 (Appendix 1); and the Risk Management Programme by year (Appendix 2) be approved;

     

    (2)         That the Executive Director, Finance & Resources be delegated authority to alter the risk management process (which is published on the intranet ‘the Wave’) as necessary so that it is kept up to date with changing requirements and best practice;

     

    (3)         That it be noted that any changes made to the risk management process will be reported as part of the risk management annual progress report to the Audit & Standards Committee;

     

    (4)         That it be noted that the Audit & Standards Committee will monitor the performance and progress in the implementation of the Risk Management Strategy over the next three years.

157.

Annual update of the Council's Corporate Plan 2014/15

    Report of the Chief Executive (copy attached).

    Additional documents:

    Decision:

    (1)               That the Corporate Plan annual update 2014/15, given as Appendix 1 and subject to a revision to include secondary school places, be approved, and recommended to Full Council on 27th March 2014 for adoption; and

     

    (2)               That the progress made on the Corporate Plan commitments from the 2013/14 annual update, as summarised in Appendix 2 to the report be noted.

    Minutes:

    157.1    The Chair introduced the report which provided an update to the Corporate Plan and stated that it brought together the councils ambitions and purpose and detailed its priorities as an organisation.  He was pleased to note the number of achievements that had been made and that none of the commitments were shown as red, which was welcome beating in mind the challenges that existed in terms of being able to meet all of the commitments.

     

    157.2    The Chief Executive stated that the plan had been updated substantially since its first publication in 2011 and noted that the four priorities remained with a number of outcomes that the council was seeking to achieve.  The key areas of focus were set out and she hoped that the plan provided a clear sense of direction albeit that the council faced a number of challenges in the forthcoming period.  She and the Executive Leadership Team were committed to leading the organisation to deliver high performance services and she wished to thank everyone involved in bringing the plan together.

     

    157.3    Councillor Morgan welcomed the report and offered his congratulations to all those involved in it.  He then sought clarification in regard to specific areas around secondary school places, external lettings, the banking partnership, the sustainable community strategy and park & ride and the levels of recycling.

     

    157.4    The Chair noted that the sustainable community strategy had been updated and was now part of Brighton & Hove Connected and therefore suggested that there was no direct link with park & ride.

     

    157.5    The Executive Director for Children’s Services stated that secondary school places would be an area of focus in relation to improving school standards and offered to update the plan to account for this aspect.

     

    157.6    The Chair stated that he would ask officers to provide further information in regard to the banking partnership and ethical banking.  In relation to the levels of recycling he accepted that there was room for improvement and noted that there had been changes to the routes and vehicles reaching the end of their capacity which had contributed to the challenges being faced.  However, he believed that issues were being addressed noted that he and the Chief Executive had regular meetings with the senior managers at City Clean to ensure that improvements could be made and taken forward.

     

    157.7    The Chair noted that the plan would be updated to take account of the issue raised in relation to secondary school places and so put the recommendations to the vote with that proviso, which were carried.

     

    157.8    RESOLVED TO RECOMMEND:

     

    (1)         That the Corporate Plan annual update 2014/15, given as Appendix 1 and subject to a revision to include secondary school places, be approved, and recommended to Full Council on 27th March 2014 for adoption; and

     

    (2)         That the progress made on the Corporate Plan commitments from the 2013/14 annual update, as summarised in Appendix 2 to the report be noted.

158.

Sexual Health Services pdf icon PDF 73 KB

    Report of the Director of Public Health (copy attached).

    Additional documents:

    Decision:

    (1)               That it be agreed that the commissioners should seek to negotiate a contract to deliver an integrated sexual health service with the current providers; with the option of moving to a competitive process if negotiations fail;

     

    (2)               That the Director of Public Health be granted delegated authority to conduct the negotiations on the Council’s behalf, and to run a competitive procurement in the event that the negotiations fail; and

     

    (3)               That the committee should receive a report on the outcome of the negotiations before a new contract is awarded.

    Minutes:

    158.1    The Lead Commissioner for Sexual Health & HIV introduced the report which detailed the change of responsibility for commissioning sexual health services from the NHS to local authorities and the proposed procurement process for awarding a contract for these services beyond March 2015 by the Council.  He stated that it was hoped to be able to reach an agreed position with the current providers in the city but should negotiations fail, to be able to run a competitive procurement process in order to secure a contract for 2015.

     

    158.2    Councillor Shanks welcomed the report and stated that it had been considered by the Health & Wellbeing Board and she hoped that the negotiations could be concluded with a positive outcome.

     

    158.3    Councillor A. Norman noted that a petition on the issue had been submitted earlier in the meeting and that the report was recommending the agreement of a contract with the current providers; however she questioned whether it would be better to test the market.  It was a high value contract and it would be better to test the market to determine the best provider for the service.

     

    158.4    The Lead Commissioner for Sexual Health & HIV stated that the two providers were able to meet the service model that had been identified and it was felt that they offered the most cost effective service and provide the best practice.  The hope was that negotiations would be concluded with an agreed contract, but because of the time frame agreement for the option to undertake a procurement process was also sought.

     

    158.5    The Chair referred to the report and stated that he believed the proposed approach was the right one and therefore supported the recommendations as outlined.  He also noted that it would be helpful to have a discussion in closed session so that the information provided to Members in the appendix listed at Item 161 on the agenda could be taken in to consideration.  He therefore proposed that the meeting should move into closed session and asked for the public gallery to be cleared.

     

    158.6    The meeting then moved into closed session at 6.10pm.

     

    158.7    The Chair reconvened the meeting at 6.15pm.

     

    158.8    The Chair then put the recommendations to the vote.

     

    158.9    RESOLVED:

     

    (1)         That it be agreed that the commissioners should seek to negotiate a contract to deliver an integrated sexual health service with the current providers; with the option of moving to a competitive process if negotiations fail;

     

    (2)         That the Director of Public Health be granted delegated authority to conduct the negotiations on the Council’s behalf, and to run a competitive procurement in the event that the negotiations fail; and

     

    (3)         That the committee should receive a report on the outcome of the negotiations before a new contract is awarded.

159.

Items Referred For Council

    To consider items to be submitted to the 27th March 2014 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 17th March 2014 (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:

    159.1  The Chair noted that no items were referred to the Council meeting on the 27th March 2014 for information.

Part Two Summary

Additional documents:

160.

Sexual Health Services - Exempt Category 5

161.

Concessionary Bus Travel - 3 Year Fixed Deals - Exempt Category 3

162.

Part Two Minutes - Exempt Categories 3 & 5

163.

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:

    163.1    RESOLVED: That the information contained in the appendices, Items 160 and 161, to the respective reports listed as Items 150 and 158 on the agenda and the minutes of the last meeting, Item 162 remain exempt from disclosure to the press and public.

 


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