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Agenda, decisions and minutes

Venue: Council Chamber Council Offices Market Street Newbury. View directions

Contact: Democratic Services Team 

Items
No. Item

51.

Minutes pdf icon PDF 124 KB

To approve as a correct record the Minutes of the meeting of the Committee held on 8 September 2016.

Minutes:

The Minutes of the meeting held on 8 September 2016 were approved as a true and correct record and signed by the Deputy Leader.

52.

Declarations of Interest

To remind Members of the need to record the existence and nature of any Personal, Disclosable Pecuniary or other interests in items on the agenda, in accordance with the Members’ Code of Conduct.

Minutes:

Councillor Marcus Franks declared an interest should Sovereign Housing Association be referred to during debate on any of the agenda items by virtue of the fact that he was an employee of Sovereign, but reported that, as his interest was a personal or a other registrable interest, but not a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.

53.

Public Questions

Members of the Executive to answer questions submitted by members of the public in accordance with the Executive Procedure Rules contained in the Council’s Constitution.

Minutes:

A full transcription of the public and Member question and answer sessions are available from the following link: Transcription of Q&As.

 

53.(a)

Question submitted by Mr Jeffrey Kent to the Portfolio Holder for Culture and Environment

What is the target date for Padworth recycling tip to accept general rubbish and why does Padworth recycling tip not open before midday on weekdays?

Minutes:

A question standing in the name of Mr. Jeffrey Kent on the subject of the target date for Padworth recycling tip to accept general rubbish and its opening hours was answered by the Portfolio Holder for Culture and Environment.

54.

Petitions

Councillors or members of the public may present any petition which they have received. These will normally be referred to the appropriate Committee without discussion.

Minutes:

There were no petitions presented to the Executive.

55.

Library Service Proposals (EX3181) pdf icon PDF 59 KB

(CSP: HQL1)

Purpose: To consider the recent Needs Assessment and proposals for the future shape of the Council’s Library Service by consultants RedQuadrant and approve public consultation.

Additional documents:

Decision:

Resolved that the three options suggested by RedQuadrant regarding the future shape of the Library Service be noted and agreement be given to putting these options to the public in accordance with the Council’s usual consultation policy. Consultation to take place simultaneously with the publication of the Needs Assessment report to inform responses from stakeholders.

 

This decision is eligible to be ‘called-in’.  However, if the decision has not been ‘called-in’ by 5.00pm on 27 October 2016, then it will be implemented.

Minutes:

The Executive considered a report (Agenda Item 6) concerning the recent Needs Assessment provided by consultants RedQuadrant and proposals for the future shape of the Council’s Library Service, and to seek approval of the proposals for public consultation.

By way of background to the report, Councillor Dominic Boeck explained that since 2012 the Library Service net revenue budget had been reduced from £1.8m to £1.58m. Staffing restructures had taken place since that time.

The Revenue Support Grant settlement announced in December 2015 further increased the Council’s savings requirement and a proposal went out to consultation to save £690k from the Library Service budget in 2016/17. This proposal, had it been implemented, would have resulted in only Newbury Library and the At Home Service being retained.

There was a high level of response to the public consultation on this proposal, which predominantly objected to the proposal. The consultation also identified that there was much appetite from community groups to support the continuation of the service.

This was followed by the Council being in receipt of the Government’s Transitional Grant and a proportion of it was allocated to the Library Service. This afforded time to review proposals and delay a decision until an independent Needs Assessment could be commissioned and undertaken.

The Needs Assessment had been commissioned from RedQuadrant, an external organisation active in the library field. It was commissioned externally on the advice of Legal Services both to save time and to add greater weight/transparency to the process. The Department for Culture, Media and Sport (DCMS) had also contacted the Council and advised of the need for a fuller review of community needs.

The Needs Assessment process had involved an extensive consultation process which included members of staff, community groups and Parish and Town Councils. West Berkshire Council had also consulted community groups and Parish and Town Councils.

Three options had emerged from the RedQuadrant Needs Assessment for the future direction of the Library Service. Each option contained a level of reliance on volunteers and proposed closure of Wash Common Library. There would also be a reduction from two mobile libraries and the At Home Service into one mobile library. The options, proposed for consultation, were as follows:

A.      50% reduced staffing in branch libraries. Newbury Library would be run by paid staff; and staffing of the remaining seven branch libraries would be split 50/50 between paid staff and volunteers. This option would achieve estimated savings of £580k.

B.      Hub and Spoke Library Network. Newbury Library would be run by paid staff; two ‘hub’ branches would be run 50/50 by staff and volunteers; and the remaining five ‘spoke’ libraries would be run by volunteers, with appropriate support from Libraries staff, but with no paid staff present day to day. This option would achieve estimated savings of £620k.

C.      Seven branches fully volunteer run. Newbury Library would be run by paid staff and would exist as the single ‘hub’, all seven branch libraries would be run by volunteers, with appropriate support  ...  view the full minutes text for item 55.

56.

Adoption of the Temporary Accommodation Strategy (EX3166) pdf icon PDF 83 KB

(CSP: P&S)

Purpose: To approve and adopt the Temporary Accommodation Strategy.

Additional documents:

Decision:

Resolved that the Temporary Accommodation Strategy be approved and adopted.

 

This decision is eligible to be ‘called-in’.  However, if the decision has not been ‘called-in’ by 5.00pm on 27 October 2016, then it will be implemented.

Minutes:

The Executive considered a report (Agenda Item 7) which sought approval and adoption of the Temporary Accommodation Strategy.

Councillor Hilary Cole introduced the item by explaining that the Council had a duty to homeless households. The Court of Appeal, in the case of Nzolameso v Westminster City Council, stated that local authorities should have a policy for procuring sufficient temporary accommodation to meet demand for the year, and a policy for allocating such units to individual households. This new Strategy had been drafted to meet this requirement.

Its purpose was two-fold: firstly to set out the Council’s Strategy for procuring additional temporary accommodation to meet identified needs, and secondly to set out the policy for allocating units of temporary accommodation to individual households.

Capital investment would be required to acquire new assets in order to increase this provision and a capital sum to enable this had already been approved by the Executive. It was anticipated that ongoing repair and maintenance costs would be met from rental income.

When allocating units of temporary accommodation to individual households, the Housing Service would take account of the full circumstances of the household in relation to the financial, social and medical needs of the household and would prioritise families with the highest overall level of need.

The draft Temporary Accommodation Strategy was previously considered by the Executive in July 2016 when it was approved for consultation. The consultation had since completed and the Strategy was now being presented for adoption.

Councillor James Fredrickson queried the number of homelessness applications received by the Council. Councillor Cole explained that 78 applications had been determined since 1 April 2016. The full duty had been accepted for 18 applications.

Councillor Alan Macro was surprised to note that no responses had been received to the consultation and queried what efforts had been made to publicise the consultation. Councillor Cole stated that she too was surprised that there had been no consultation responses. She did however clarify that a full consultation exercise was carried out, this included documents being placed on the Council’s website and relevant organisations being alerted to the consultation.

RESOLVED that the Executive approve and adopt the Temporary Accommodation Strategy.

Other options considered: The Council could decide not to implement a Temporary Accommodation Strategy. This could give rise to legal challenge if households are not allocated suitable accommodation under statutory homelessness duties.

57.

Adoption of the Decant Policy (EX3168) pdf icon PDF 52 KB

(CSP: P&S)

Purpose: To adopt the Decant Policy.

Additional documents:

Decision:

Resolved that the Decant Policy be approved and adopted.

 

This decision is eligible to be ‘called-in’.  However, if the decision has not been ‘called-in’ by 5.00pm on 27 October 2016, then it will be implemented.

Minutes:

The Executive considered a report (Agenda Item 8) which proposed adoption of the Decant Policy.

Councillor Hilary Cole explained that the Council had a small number of tenants and licensees who were afforded security of tenure. This Policy had been drafted to set out how the Council would manage decant of these tenants or licensees in the event that major works or refurbishment works were required to the properties. The Council would be unable to decant tenants or licensees without having a policy in place.

The draft Decant Policy was previously considered by the Executive in July 2016 when it was approved for consultation. The consultation had completed and the Decant Policy was now being presented for adoption. One consultation response had been received, but due to its nature, this was considered and dealt with separately to the consultation.

Councillor Alan Macro noted from the Policy that the Council would make only one offer of suitable alternative accommodation and this could create a difficult situation for the individuals concerned. He also noted that the Decant Policy would apply to both temporary and permanent moves and was concerned that this could place a requirement on a resident, needing to decant on a temporary basis, to remove all items from their home including carpets before returning to the property at a later stage. He queried whether this approach was suitable for temporary moves, particularly using the example of carpets.

Councillor Cole explained that it might prove necessary for a floor to be replaced as part of major works or refurbishment works and therefore it was necessary to remove carpets. The extent of the works required might not initially be clear and it was important that all possible eventualities were covered. Properties receiving major works or refurbishment works needed to be emptied to avoid the risk of damage being caused to furniture etc.

RESOLVED that the Executive approve and adopt the Decant Policy.

Other options considered: Not applicable.

58.

Joint Case Management Unit (EX3184) pdf icon PDF 69 KB

(CSP: MEC & MEC1)

Purpose: To set out the rationale for a joint case management unit with Oxfordshire County Council and Royal Berkshire Fire and Rescue Authority and to seek the relevant delegated authority to enter into this arrangement.

Additional documents:

Decision:

Resolved that the Head of Culture and Environmental Protection, in consultation with the Portfolio Member for Community Resilience and Partnerships, the Head of Legal Services and the Head of Finance, be granted delegated authority to enter into an agreement with Oxfordshire County Council and the Royal Berkshire Fire and Rescue Authority for the delivery of a joint case management unit; the term of the agreement shall be three years with an option to extend by one year; a Joint Management Board will oversee the arrangement and the Head of Culture and Environmental Protection or nominated Service Manager will represent the Council on that Board; and West Berkshire Council will host the unit.

 

This decision is eligible to be ‘called-in’.  However, if the decision has not been ‘called-in’ by 5.00pm on 27 October 2016, then it will be implemented.

Minutes:

The Executive considered a report (Agenda Item 9) concerning the rationale for a Joint Case Management Unit (JCMU) with Oxfordshire County Council and the Royal Berkshire Fire and Rescue Authority, and which sought the relevant delegated authority to enter into the arrangement.  

Councillor Marcus Franks introduced the report and stated that this was an excellent example of the Council looking to share services with other public bodies. The proposal would serve to strengthen resilience in this area of work, reduce risk and build expertise. Greater efficiencies could also be achieved by creating standardised processes across the three authorities, all of whom shared a common purpose in this area. The Council would host the unit and would receive a management fee for doing so. Councillor Franks proposed acceptance of the report’s recommendations.

Councillor Alan Macro agreed this was a good initiative. He did however note from the report that Oxfordshire County Council had indicated that they wished to explore the development of the JCMU further and Councillor Macro queried the level of certainty with this aspect of the arrangement. In response, Councillor Franks explained that discussions had been ongoing for some time with both parties and there was willingness to enter into the JCMU in principle from both Oxfordshire County Council and the Royal Berkshire Fire and Rescue Authority. Oxfordshire County Council was merely seeking to confirm some of the finer details of the arrangement.

Councillor Macro queried whether savings could be made from the JCMU. Councillor Franks confirmed that the Council’s costs would not increase and, as already explained, the Council would be in receipt of a small management fee. There was also potential to expand the arrangement in future.

RESOLVED that:

(1)       The Head of Culture and Environmental Protection, in consultation with the Portfolio Member for Community Resilience and Partnerships, the Head of Legal Services and the Head of Finance, be granted delegated authority to enter into an agreement with Oxfordshire County Council and Royal Berkshire Fire and Rescue Authority for the delivery of a joint case management unit; and that

(2)       the term of that agreement shall be three years with an option to extend by one year; and that

(3)       a Joint Management Board will oversee the arrangement and that the Head of Culture and Environmental Protection or nominated Service Manager will represent the Council on that Board; and that

(4)       West Berkshire District Council will host the unit.

Other options considered: Not applicable.

59.

Berkshire Community Equipment Service Contract Award (EX3162a) pdf icon PDF 57 KB

(CSP: P&S, MEC, P&S1, HQL1, MEC1)

Purpose: To inform the Executive of the intention to award a 5 year contract for the provision of the Berkshire Community Equipment Service commencing April 2017, with West Berkshire Council acting as Lead Authority under an existing S75 (NHS Act 2006) agreement on behalf of the 6 Berkshire Unitary Authorities and the 7 Berkshire Clinical Commissioning Groups.

Additional documents:

Decision:

Resolved to note the intention to award a contract for the provision of the Berkshire Community Equipment Service to commence on 1 April 2017.

 

This decision is not subject to call in as:

 

·      a delay in implementing the decision would cause the Council serious financial implications and could compromise the Council's position.

·      Report is to note only

 

therefore it will be implemented immediately.

Minutes:

The Executive considered a report (Agenda Item 10) which informed the Executive of the intention to award a five year contract for the provision of the Berkshire Community Equipment Service commencing April 2017.

West Berkshire Council was the lead authority under an existing S75 (NHS Act 2016) Agreement on behalf of the six Berkshire Unitary Authorities and the seven Berkshire Clinical Commissioning Groups. West Berkshire Council received a management fee from the other twelve S75 partners to carry out the lead authority function, which included work on this tender.

Councillor Rick Jones explained that this was another good example of collaborative working, in this case across Berkshire. He added that the tender process had completed and a five year contract would be awarded to the successful bidder. A lower price had been negotiated compared to the existing arrangement.

Councillor Alan Macro queried if the name of the successful bidder could be announced. Councillor Rick Jones agreed to respond to this within Part II as this detail remained confidential at this time.

RESOLVED that the Executive note the intention to award a contract for the provision of the Berkshire Community Equipment Service to commence on 1st April 2017.

Other options considered:

The previous 5 year contract expires on 31st March 2017 and procurement regulations and the value of the contract meant that a full competitive procurement process using the Open Procedure as defined within the Public Contracts Regulations (2015) was the most appropriate option for ensuring continuity of service.

Economies of scale, and government guidance in terms of providing an integrated community equipment service, mean that this service is most cost effectively delivered as a single shared service and therefore it is not feasible to bring it in-house. The service is shared between the 13 S75 partners in Berkshire and is centrally located at a depot in Theale, serving all areas of Berkshire.

60.

Contract Award – Complex Needs Service for Clients with a Learning Disability (EX3175a) pdf icon PDF 55 KB

(CSP: P&S, P&S1)

Purpose: To inform Executive of the intention to award a contract for the complex needs learning disability service at Blagden Close Newbury.

Additional documents:

Decision:

Resolved to note the intention to award the contract for the complex needs learning disability service at Blagden Close, Newbury.

 

This decision is not subject to call in as:

 

·      a delay in implementing the decision would cause the Council serious financial implications and could compromise the Council's position.

·      Report is to note only

 

therefore it will be implemented immediately.

Minutes:

The Executive considered a report (Agenda Item 11) which informed of the intention to award a contract for the complex needs learning disability service at Blagden Close in Newbury.

Councillor Rick Jones explained that the service was provided to a small number of clients with complex needs and care was provided on a 24/7 basis.

The existing contract was due to expire in December 2016 and the intention was to award a five year contract with the option of a three year extension. Savings would be achieved over this five year period and Councillor Rick Jones commended the work of Officers in obtaining good value for money from this new contract.

In response to a query from Councillor Alan Macro, Councillor Rick Jones confirmed that the contract was to be awarded to the existing provider. Councillor Macro followed this up by querying whether there was confidence that the level of quality currently achieved from this service could be maintained when costs were being lowered. Councillor Rick Jones confirmed this to be the case and stated that there was no change to the criteria of the contract in terms of quality. He added that the Council and the Care Quality Commission monitored and examined the operation of the service on a regular basis and no causes for concern had been identified.

Councillor Lee Dillon noted this service was provided to a small client group and queried whether service users and their families had been consulted as part of this process. Councillor Rick Jones agreed to provide a written response on that point.

(Post meeting note: Councillor Rick Jones explained that the learning disability clients resident at Blagden Close and their family members were approached in May 2016 via a face to face consultation exercise in order for commissioners to get a better understanding of the strengths and weaknesses of the current service. The comments received had been used within the updated specification document. Councillor Rick Jones added that the service was provided at a specialist facility and there was no suitable alternative facility that could have been considered).

RESOLVED that the Executive note the intention to award the contract for the complex needs learning disability service at Blagden Close, Newbury.

Other options considered:

(1)       Do nothing – this is not an option due to complex nature of client group and increased pressure to ensure that services in the community are available for this complex needs group in light of the Transforming Care agenda.

(2)       Bring service in house. However the Council does not currently have the skill set to deliver a complex needs service for clients with a learning disability.

61.

Members' Questions

Members of the Executive to answer questions submitted by Councillors in accordance with the Executive Procedure Rules contained in the Council’s Constitution.

Minutes:

A full transcription of the public and Member question and answer sessions are available from the following link: Transcription of Q&As

61.(a)

Question to be answered by the Portfolio Holder for Culture and Environment submitted by Councillor Alan Macro

“When did the Executive Member become aware that there would be a delay in residents receiving their permits to use the West Berkshire waste and recycling sites?”

Minutes:

A question standing in the name of Councillor Alan Macro querying when the Executive Member became aware that there would be a delay in residents receiving their permits to use the West Berkshire waste and recycling sites was answered by the Portfolio Holder for Culture and Environment.

61.(b)

Question to be answered by the Portfolio Holder for Culture and Environment submitted by Councillor Alan Macro

“What was the total cost of producing and distributing the permits to use the waste and recycling sites?”

Minutes:

A question standing in the name of Councillor Alan Macro on the subject of the total cost of producing and distributing the permits to use the waste and recycling sites was answered by the Portfolio Holder for Culture and Environment.

61.(c)

Question to be answered by the Portfolio Holder for Culture and Environment submitted by Councillor Alan Macro

“What progress has been made in expanding the Padworth recycling centre to take general household waste?”

Minutes:

A question standing in the name of Councillor Alan Macro on the subject of the progress being made in expanding the Padworth recycling centre to take general household waste was answered by the Portfolio Holder for Culture and Environment.

61.(d)

Question to be answered by the Portfolio Holder for Culture and Environment submitted by Councillor Alan Macro

“How many residents pay for an additional green recycling bin?”

Minutes:

A question standing in the name of Councillor Alan Macro querying the number of residents who paid for an additional green recycling bin was answered by the Portfolio Holder for Culture and Environment.

62.

Exclusion of Press and Public

RECOMMENDATION: That members of the press and public be excluded from the meeting during consideration of the following items as it is likely that there would be disclosure of exempt information of the description contained in the paragraphs of Schedule 12A of the Local Government Act 1972 specified in brackets in the heading of each item. Rule 8.10.4 of the Constitution refers.

Minutes:

RESOLVED that members of the press and public be excluded from the meeting for the under-mentioned item of business on the grounds that it involves the likely disclosure of exempt information as contained in Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information)(Variation) Order 2006. Rule 8.10.4 of the Constitution also refers.

63.

Berkshire Community Equipment Service Contract Award (EX3162b)

(Paragraph 3 – information relating to financial/business affairs of particular person)

(CSP: P&S, MEC, P&S1, HQL1, MEC1)

Purpose: To inform the Executive of the intention to award a 5 year contract for the provision of the Berkshire Community Equipment Service commencing April 2017, with West Berkshire Council acting as Lead Authority under an existing S75 (NHS Act 2006) agreement on behalf of the 6 Berkshire Unitary Authorities and the 7 Berkshire Clinical Commissioning Groups.

Decision:

Resolved that the recommendations in the exempt report be agreed.

 

This decision is not subject to call in as:

 

·      a delay in implementing the decision would cause the Council serious financial implications and could compromise the Council's position.

·      Report is to note only

 

therefore it will be implemented immediately.

Minutes:

(Paragraph 3 – information relating to financial/business affairs of particular person)

The Executive considered an exempt report (Agenda Item 14) which informed the Executive of the intention to award a five year contract for the provision of Berkshire Community Equipment Service commencing April 2017.

West Berkshire Council was the lead authority for this service under an existing S75 (NHS Act 2006) Agreement on behalf of the six Berkshire Unitary Authorities and the seven Berkshire Clinical Commissioning Groups.

RESOLVED that the recommendations in the exempt report be agreed.

Other options considered: as detailed in the exempt report.

64.

Contract Award – Complex Needs Service for Clients with a Learning Disability (EX3175b)

(Paragraph 3 - information relating to financial/business affairs of particular person)

(CSP: P&S, P&S1)

Purpose: To inform Executive of the intention to award a contract for the complex needs learning disability service at Blagden Close Newbury.

Decision:

Resolved that the recommendations in the exempt report be agreed.

 

This decision is not subject to call in as:

 

·      a delay in implementing the decision would cause the Council serious financial implications and could compromise the Council's position.

·      Report is to note only

 

therefore it will be implemented immediately.

Minutes:

(Paragraph 3 – information relating to financial/business affairs of particular person)

The Executive considered an exempt report (Agenda Item 15) which informed of the intention to award a contract for the complex needs learning disability service at Blagden Close in Newbury. The contract length would be five years with the option of a three year extension.

RESOLVED that the recommendations in the exempt report be agreed.

Other options considered: as detailed in the exempt report.