Agenda, decisions and minutes

To approve as a correct record the Minutes of the meeting of the Committee held on 20 October 2016.

Councillor Roger Croft opened the meeting by congratulating Councillor Lee Dillon on his recent appointment as Leader of the Liberal Democrat Group. Councillor Croft stated that he looked forward to working with Councillor Dillon in his new role as well as with Councillor Alan Macro, now fulfilling the role of Deputy Leader of the Liberal Democrat Group.

The Minutes of the meeting held on 20 October 2016 were approved as a true and correct record and signed by the Leader.

To remind Members of the need to record the existence and nature of any personal, disclosable pecuniary or other registrable interests in items on the agenda, in accordance with the Members’ Code of Conduct.

Councillor Marcus Franks declared an interest in Agenda Items 7 and 10 (Registering West Berkshire Council as a Registered Provider) by virtue of the fact that he was an employee of Sovereign Housing Association, but reported that, as his interest was a personal or other registrable interest, but not a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.

Councillor Lee Dillon declared an interest in Agenda Items 7 and 10 (Registering West Berkshire Council as a Registered Provider) by virtue of the fact that he was an employee of Sovereign Housing Association, but reported that, as his interest was a personal or other registrable interest, but not a disclosable pecuniary interest, he determined to remain to take part in the debate.

There were no public questions submitted.

There were no petitions presented to the Executive.

(CSP: SLE, MEC and MEC1)

Purpose:  The report proposes the creation of a Joint Committee to deliver a shared service arrangement between West Berkshire, Wokingham and Bracknell Forest Councils. The new arrangement will be known as the Public Protection Partnership (PPP). 

Resolved (insofar as the functions and arrangements are for the Executive):

2.1       To authorise the arrangements set out in this report including the creation of a Joint Committee with Wokingham Borough Council and Bracknell Forest Council through the Public Protection Partnership (PPP) with effect from January 2017.

2.2       To delegate authority to the Head of Legal Services, in consultation with the Head of Finance and Head of Culture and Environmental Protection, to finalise the terms of the PPP as set out in the draft Inter Authority Agreement (IAA) between the three Councils and to make any necessary drafting or other amendments to the terms of the draft Agreement which are necessary to reach final agreement but do not materially affect the intent and substance of the Agreement.

2.3       To authorise the Joint Committee to determine policy, strategy and oversee the performance monitoring and management of the new PPP and have the powers set out in the terms of reference contained in Schedule 1 of the draft Inter Authority Agreement.

2.4       To authorise the Head of Culture and Environmental Protection and Public Protection Service Managers (Currently known as Trading Standards and Building Control Manager and Environmental Health and Licensing Manager) to receive a delegation of Trading Standards, Environmental Health and Licensing functions from Bracknell Forest Council and Wokingham Borough Council and to exercise those functions jointly with West Berkshire District Council functions under the strategy direction and oversight of the Joint Committee.

2.5       That the proposed agreement authorises West Berkshire District Council to institute and defend proceedings on behalf of Wokingham and Bracknell.  This does not preclude the other authorities from taking their own legal actions.

2.6       To receive a TUPE transfer of the staff of Bracknell Forest Council currently providing the Trading Standards, Environmental Health and Licensing functions on the terms set out in the draft Inter Authority Agreement and authorise any relevant pensions and employment implications.

2.7       To appoint Head of Culture and Environmental Protection as the Council's Lead Officer to manage the Councils arrangements under the Agreement on the Council's behalf and to authorise the Monitoring Officer to make any necessary variations to the Agreement as may be required from time to time in consultation with the Leader of the Council.

2.8       To authorise the appointment to the Joint Committee of the Executive Member with responsibility for the relevant functions (currently Councillor Marcus Franks) along with Substitute Member from the Executive namely Councilllor Dominic Boeck.

2.9       To authorise entering into arrangements with other local authorities, shared services or other bodies for the provision of Trading Standards, Licensing or Environmental Health Services in accordance with the provision in the IAA.

2.10    Insofar as the foregoing provisions also relate to the exercise of non Executive functions to recommend to the Council to authorise the same.

This decision is not subject to call in as:

·      the item is due to be referred to Council for final approval.

therefore it will be implemented immediately.

The Executive considered a report (Agenda Item 6) which proposed the creation of a Joint Committee to deliver a shared service arrangement between West Berkshire, Wokingham and Bracknell Forest Councils. The new arrangement would be known as the Joint Public Protection Partnership (PPP).

Councillor Marcus Franks explained that the current shared service in operation between West Berkshire Council and Wokingham Borough Council for the delivery of the Trading Standards Service had run successfully since 2010. This shared service was due to expire in January 2017 and thanks to its success, Bracknell Forest Council had approached West Berkshire Council asking to join a new shared service arrangement covering the three areas. Detailed discussions had followed, resulting in this proposal.

Councillor Franks advised that the proposal would deliver a recurring saving from 2017/18 of £120k for the Council.

As stated, a Joint Committee would need to be formed to deliver the proposed shared service arrangement and this would provide scope to introduce new partners into the arrangement or the potential to charge others for the use of the service.

Councillor Franks expressed his thanks to Officers for their work in progressing the shared service and proposed acceptance of the report’s recommendations.

Councillor Lee Dillon pointed out that the 2015 Liberal Democrat Manifesto highlighted the importance of forming new shared services and he therefore welcomed the proposed expansion of this shared service. However, he raised a number of concerns/queries.

He queried the ability to scrutinise the performance of the Joint PPP and the decision making of the Joint Committee, including the potential to call-in decisions. This was an area needing greater clarity in the Full Council report on 8 December 2016. Councillor Franks commented that a level of delegation was needed to enable the shared service to operate successfully, however the Overview and Scrutiny Management Commission or the relevant Select Committee could request and scrutinise information/reports.

Sean Murphy added that the work of the Joint PPP and the Joint Committee would be subject to West Berkshire Council’s scrutiny arrangements. He also confirmed that this would encompass scrutiny of policy set by the Joint Committee. Sarah Clarke confirmed this point and explained that as the Joint Committee was exercising Executive functions, it would be subject to West Berkshire’s scrutiny arrangements. She acknowledged this was an area requiring greater clarity in the report.

Councillor Dillon made reference to the Key Performance Indicators (KPIs) and requested that these be defined in greater detail in the Full Council version of the report.

A degree of service reduction was mentioned within the report, this related to the service being aligned with a National Intelligence Model which prioritised matters of high risk or impact. However, Councillor Dillon sought to understand whether West Berkshire Council would retain the ability to focus on areas of high risk in the West Berkshire area or whether work would need to focus on shared priorities across the three areas.

Councillor Franks explained that generic KPIs would be in place to cover the three councils,  ...  view the full minutes text for item 69.

(CSP: P&S and SLE1)

Purpose: To seek approval for the Council to register as a Registered Provider (RP) with the Homes & Communities Agency (HCA).

Resolved that West Berkshire Council should apply to become a Registered Provider with the Homes and Communities Agency.

This decision is not subject to call in as:

·      the item is deemed as an Urgent Key Decision as set out in Rule 5.4.7 of the Constitution.

·      a delay in implementing the decision would cause the Council serious financial implications.

therefore it will be implemented immediately.

The Executive considered a report (Agenda Item 7) which sought approval for the Council to register as a Registered Provider (RP) with the Homes & Communities Agency (HCA) to facilitate the purchase of additional property for the purposes of providing temporary accommodation to meet statutory homeless duties.

Councillor Hilary Cole explained that in July 2016 the Executive granted approval to utilise capital funding for the purchase of temporary accommodation. Since that time potential purchases had been considered as had the most effective way of managing this accommodation, and an application to the HCA for the Council to become a RP was the proposed way forward. The level of risk of this approach was considered to be relatively low and benefits had been identified, including financial benefits.

Councillor Alan Macro queried how the Council would engage with its tenants if the Council become a RP. Councillor Cole explained that this was a new process for the Council, but gave an assurance that the Council would engage with tenants once they had become residents in the properties concerned.

Councillor Macro then referred to the financial benefits to the Council of this approach (which had been suggested by the HCA) and asked why this had not been taken forward by the Council at an earlier stage. He queried whether this was due to a lack of resource. In response, Councillor Cole explained that the Council was only proposing to be a RP for a particular market and recent evidence had pointed to this approach being the most appropriate way forward.

RESOLVED that the Council applies to become a Registered Provider.

Other options considered: detailed in the exempt report.

A full transcription of the public and Member question and answer sessions are available from the following link: Transcription of Q&As. (right click on link and ‘Edit Hyperlink’. Insert URL to pdf on website in ‘address’ field)

“For how many hours have the car club vehicles been hired in the last three months, per location?”

A question standing in the name of Councillor Alan Macro on the subject of the number of hours car club vehicles had been hired for in the last three months was answered by the Portfolio Holder for Highways and Transport.

“Please give the number of complaints about graffiti received by the Council in the three months before, and the three months after, the termination of the neighbourhood warden service?”

A question standing in the name of Councillor Alan Macro on the subject of the number of graffiti related complaints received by the Council in the three months proceeding and the three months post the termination of the neighbourhood warden service was answered by the Portfolio Holder for Community Resilience and Partnerships.

“Please give the number of complaints about fly tipping, made by members of the public, that were received by the Council in the three months before, and the three months after, the termination of the neighbourhood warden service.”

A question standing in the name of Councillor Alan Macro on the subject of the number of fly tipping related complaints received by the Council in the three months proceeding and the three months post the termination of the neighbourhood warden service was answered by the Portfolio Holder for Culture and Environment.

In line with paragraph 5.12.2 of Part 5 of the Council’s Constitution (Executive Rules of Procedure – Members’ Written Questions), Councillor Roger Croft, Leader of the Council, gave consent for an urgent question to be answered by the Executive based on the level of public interest in the issue.

An urgent question submitted by Councillor Alan Macro asking when West Berkshire Council was first aware of the “Buckinghamshire, Oxfordshire and Berkshire West Sustainability and Transformation Plan” proposed by NHS England South was answered by the Deputy Leader and Portfolio Holder for Health and Wellbeing.

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.

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.

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

(CSP: P&S and SLE1)

Purpose: To seek approval for the Council to register as a Registered Provider (RP) with the Homes & Communities Agency (HCA).

Resolved that the recommendations in the exempt report be agreed.

This decision is not subject to call in as:

·      the item is deemed as an Urgent Key Decision as set out in Rule 5.4.7 of the Constitution.

·      a delay in implementing the decision would cause the Council serious financial implications.

therefore it will be implemented immediately.

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

The Executive considered the exempt report (Agenda Item 10) which sought approval for the Council to register as a Registered Provider with the Homes and Communities Agency.

RESOLVED that the recommendations in the exempt report be agreed.

Other options considered: as detailed in the exempt report.