To report any issues with the information below please email executivecycle@westberks.gov.uk.

Agenda, decisions and minutes

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

Contact: Democratic Services Team 

Items
No. Item

75.

Minutes pdf icon PDF 112 KB

To approve as a correct record the Minutes of the meeting of the Committee held on 24 November 2016.

Minutes:

The Minutes of the meeting held on 24 November 2016 were approved as a true and correct record and signed by the Leader.

76.

Declarations of Interest

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.

Minutes:

There were no declarations of interest received.

77.

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. (Note: There were no questions submitted relating to items not included on this Agenda.)

Minutes:

There were no public questions submitted.

78.

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.

79.

Council Performance Report 2016/17: Q2 (Key Accountable Measures and Activities) (EX3110) pdf icon PDF 115 KB

(CSP: All)

Purpose:

1.    To report quarter two outturns for the Key Accountable Measures which monitor performance against the 2016/17 Council Performance Framework.

2.    To provide assurance to Members that the Strategic Priorities laid out in the Council Strategy and other areas of significant/importance across the Council are being delivered.

3.    To present, by exception, those measures/milestones behind schedule or not achieved and cite any remedial action taken and its impact, to allow the scrutiny and approval of the corrective or remedial action put in place.

4.    To recommend changes to measures/targets requested by services.

Additional documents:

Decision:

Resolved that:

·         Progress against the Council Strategy Priorities for improvement and acknowledge the key achievements in all service areas be noted.

·         Those areas reporting as ‘amber’ or ‘red’ were reviewed to ensure that appropriate action is in place.

·         Targets for the following measures were amended:

            (i) Milestone - Market Street Redevelopment: Submit detailed planning       application to WBC Planning Committee

REQUEST: To redefine the target as November 2016 (currently September           2016)  as the planning application will be submitted, albeit slightly behind schedule, following additional work by Highways Officers to deliver an improved scheme.

 

(ii) Subject to examination, adopt the Site Allocations Development Plan Document (DPD) by December 2016:

REQUEST: To redefine the target as June 2017 (currently December 2016). Following the oral hearings the planning inspector has asked for main modifications which require further public consultation, therefore there is insufficient time to be able to complete the adoption by December 2016.

 

This decision is not subject to call in as:

 

·      Report is to note only

 

therefore it will be implemented immediately.

Minutes:

The Executive considered a report (Agenda Item 6) concerning the Quarter Two outturns for the Key Accountable Measures which monitored performance against the 2016/17 Council Performance Framework. This report served to provide assurance to Members that the Strategic Priorities laid out in the Council Strategy and other areas of significance/importance across the Council were being delivered. The report also presented, by exception, those measures/milestones behind schedule or not achieved and cited any remedial action taken and the impact (if any) to allow the scrutiny and approval of the corrective or remedial action put in place. Amendments were also sought in the report to the targets for two measures.

Councillor Roger Croft highlighted that much positive progress had been made with improving educational attainment and closing the educational attainment gap.

Councillor Croft then stated that 26 of the 32 reported measures were reporting as either Green (22 measures) or Amber (four measures). Of the six Red measures, two were reporting Red due to relatively minor delays and it was these two areas where amendments were being requested.

Councillor Croft made the point that targets should be challenging and it should not be the expectation that all targets would be met.

In terms of the amendments being sought, the first of these related to the submission of a detailed planning application to the Western Area Planning Committee for the Market Street Redevelopment. This was delayed and there was therefore a request to redefine the target as November 2016 which was achieved (delayed from September 2016).

The second change sought related to the measure to adopt the Housing Site Allocations Development Plan Document (HSA DPD) by December 2016. The request was to redefine the target date as June 2017; this followed the Planning Inspector asking for main modifications to the document which required further public consultation, meaning the original date could not be achieved.

Councillor Croft gave thanks to relevant Officers and Members for the achievements outlined in the report.

Councillor Marcus Franks advised that the Thatcham Vision had been signed off and an Action Plan was being produced.

Councillor Alan Macro queried whether there was confidence that the revised deadline to adopt the HSA DPD of June 2017 was achievable. Councillor Croft responded on this point by stating that the date for adoption of the HSA DPD was to a large extent in the hands of the Planning Inspector. He added the comment that work on the document was progressing well.

Councillor Macro then referred to the exception report for the amber measure to increase the number of West Berkshire premises able to receive Superfast Broadband. This noted that the contractor, Gigaclear, had overcome a number of technical challenges, but a three month delay had been caused and Councillor Macro queried if the target of 100% complete delivery before 31 December 2017 was realistic. Councillor Dominic Boeck stated that 100% delivery was the brief for Gigaclear, and they had a plan in place to recover the delay. Councillor Macro felt this would  ...  view the full minutes text for item 79.

80.

Financial Performance Report 2016/17 - Quarter Two (EX3136) pdf icon PDF 61 KB

(CSP: MEC and MEC1)

Purpose: To inform Members of the latest financial performance of the Council.

Additional documents:

Decision:

Resolved that the latest financial performance of the Council be noted.

 

This decision is not subject to call in as:

 

·      Report is to note only

 

therefore it will be implemented immediately.

Minutes:

The Executive considered a report (Agenda Item 7) regarding the latest financial performance of the Council as at Quarter Two of 2016/17. The current financial forecast was an overspend of £698k against a net revenue budget of £116.8m. The forecast overspend had reduced by £579k compared to the forecast position at Quarter One.

Councillor Alan Macro noted that the new Highwood Copse Primary School would not now be delivered until September 2018 and that places would be provided at Fir Tree Primary School temporarily; he queried whether catchment areas would be changed to accommodate this provision. Further, Councillor Macro noted the irony that the construction of the Tull Way Flood Alleviation Scheme was delayed as a result of wet weather.

Councillor Lynne Doherty advised that she was disappointed that the new primary school had been delayed but was of the view that Fir Tree Primary School was not too far a distance.

Councillor Roger Croft agreed that the delay to the Tull Way Flood Alleviation Scheme was ironic and advised that the surface water management plan was on target.

RESOLVED that the report be noted.

Other options considered: none.

81.

Birchwood Care Home – Options for future delivery (EX3201) pdf icon PDF 54 KB

(CSP: P&S1, HQL1)

Purpose: To outline options for the provision of care at Birchwood Care Home and seek approval of the preferred option. 

 

Additional documents:

Decision:

Resolved that Birchwood Care Home is taken in-house and delivered directly by the Council.

 

This decision is not subject to call in as:

 

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

 

therefore it will be implemented immediately.

Minutes:

The Executive considered a report (Agenda Item 8) which outlined options for the provision of care at Birchwood Care Home and sought approval of the preferred option whereby the care home would be taken in-house and delivered directly by the Council.

Councillor Roger Croft introduced the item by restating the point made at previous Executive meetings that public debate should take place where possible of Part II items to aid transparency of decision making. It was however important to respect where the debate should be kept confidential.

Councillor Rick Jones explained that Birchwood Care Home was a 60 bed home located between Newbury and Thatcham. The current contract for care was delivered by Care UK but this was due to expire on 1 April 2017. Three options had been considered as outlined in the report and these options had been explored in detail. The recommended option was to deliver the service in-house.

Councillor James Fredrickson was pleased to note the point made in paragraph 6.10 of the report that it was proposed that the ten ground floor beds would be used as step down beds to help facilitate hospital discharges.

Councillor Alan Macro sought assurance that it would be possible to adequately staff the care home. Councillor Rick Jones explained that it was proposed to TUPE staff from the existing provider to the Council. This would improve the Terms and Conditions of the staff concerned and help to stabilise service provision post transfer.

Councillor Macro raised concern that the ten ground floor beds might not be in full use currently and queried whether this had impacted negatively on Delayed Transfers of Care. Councillor Rick Jones stated that it was important to ensure these beds were fully utilised and this would be achieved from in-house delivery.

RESOLVED that Birchwood Care Home is taken in-house and delivered directly by the Council.

Other options considered:

There were three options for consideration:

(1) Bring the care service in house to be delivered by ASC provider services

(2) Tender for a new contract with third party provider.

(3) Extend the current contract with Care UK for a further three years.

All options are explored in detail in the report.

82.

Response to Council Motion on Short Breaks Funding (C3226) pdf icon PDF 62 KB

Purpose: To respond to the Motion to Council proposed by Councillor Lee Dillon, “That this Council agrees to award transitional funding to the Short Breaks programme for the 2017/18 financial year to the value of £170,000.

This will ensure that voluntary organisations have a longer term period to consider their strategy to combat the reduction of Council funding in the longer term and for this Council to consider other ways to secure the provision of or fund short breaks”.

Decision:

Resolved that the use of any Transitional Funding in 2017/18 will be announced as part of the Budget proposal at Council on 2 March 2017.

 

This decision is not subject to call in as:

 

·      Report is to note only

 

therefore it will be implemented immediately.

Minutes:

The Executive considered a report (Agenda Item 9) to respond to the Motion to Council proposed by Councillor Lee Dillon, “That this Council agrees to award transitional funding to the Short Breaks programme for the 2017/18 financial year to the value of £170,000.”

Councillor Anthony Chadley reported that there had been 269 responses to the Council’s recent consultation on its proposed Revenue Budget for 2017/18. These responses had not yet been analysed and they would be used to guide the allocation of transitional funding. The request to allocate funds to the Short Breaks programme was premature; the use of any Transitional Funding in 2017/18 would be announced as part of the Budget proposal at Council on 2 March 2017.

Councillor Doherty expressed her disappointment that the motion appeared to demonstrate a lack of understanding of the work that had been undertaken in the previous nine months. Meetings had been held with providers to assist them to make any structural changes and identify strategies to manage new funding models. A commitment had been made at Council to consider allocating transitional funding to Short Breaks and it was premature to suggest an amount.

Councillor James Fredrickson commented that the Liberal Democrats appeared to be willing to spend tax payers money and he hoped they would propose an alternative budget to demonstrate how they would save money. Councillor Macro responded that in the years the Liberal Democrats had control of the Council the Conservative opposition offered only one alternative budget. The Liberal Democrats had four Members and not 48 Members plus Council staff at their disposal.

Councillor Macro advised that the motion had not been intended as a criticism but there was concern that charities might have to make some staff redundant in order to maintain financial stability and notice would need to be given before 2 March 2017. Councillor Doherty advised that a charity’s financial sustainability was down to the board of trustees and not its funders. Their viability would depend on the funding they could secure.

Councillor Graham Jones noted that the budgetary choices being faced were different to those of 10 to 15 years ago as budgets were not diminishing at that time. There was two-year transitional funding available and decisions regarding how that was spent needed to be fully informed and balanced. He commented that when he was Leader of the opposition he always submitted an alternative budget.

Councillor Croft acknowledged that the Local Government Finance Settlement had been released but was incomplete. They knew of the likely reduction to the New Homes Bonus but did not know of any increase for Adult Social Care.

RESOLVED that the use of any Transitional Funding in 2017/18 would be announced as part of the Budget proposal at Council on 2 March 2017.

Other options considered: none.

83.

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 Member question and answer session is available from the following link: Transcription of Q&As.

83.(a)

Question to be answered by the Portfolio Holder for Corporate Services and External Affairs submitted by Councillor Lee Dillon

“What are the Council’s policies to protect whistle blowers?”

Minutes:

A question standing in the name of Councillor Lee Dillon, asked in his absence by Councillor Alan Macro, on the subject of the Council’s whistle-blowing policies was answered by the Portfolio Holder for Corporate Services and External Affairs.

83.(b)

Question to be answered by the Portfolio Holder for Children and Young People submitted by Councillor Lee Dillon

“How many school standard and effectiveness visits have there been this academic year?”

Minutes:

A question standing in the name of Councillor Lee Dillon, asked in his absence by Councillor Alan Macro, on the subject of school standard and effectiveness visits was answered by the Portfolio Holder for Children and Young People.

83.(c)

Question to be answered by the Portfolio Holder for Highways and Transport submitted by Councillor Alan Macro

“What is the Portfolio Holder doing to resolve the traffic problem in Newbury?”

Minutes:

A question standing in the name of Councillor Alan Macro on the subject of traffic issues in Newbury was answered by the Leader of the Council in the absence of the Portfolio Holder for Highways and Transport.

84.

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 Paragraphs 2 and 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.

85.

Birchwood Care Home – Options for future delivery (EX3201)

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

(CSP: P&S, HQL, P&S1)

Purpose: To outline options for the provision of care at Birchwood Care Home and seek approval of the preferred option.

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 this would cause the Council serious financial implications or could compromise the Council's position.

 

therefore it will be implemented immediately.

Minutes:

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

The Executive considered the exempt report (Agenda Item 12) which outlined options for the provision of care at Birchwood Care Home and sought approval of the preferred option.

RESOLVED that the recommendations in the exempt report be agreed.

Other options considered: as detailed in the exempt report.

86.

Senior Management Review - Final Recommendations (EX3183)

(Paragraph 2 - information identifying an individual)

Purpose: To set out final recommendations with regard to the Council's senior management arrangements following two periods of internal consultation.

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 this would cause the Council serious financial implications or could compromise the Council's position.

 

therefore it will be implemented immediately.

Minutes:

(Paragraph 2 - information relating to an individual)

The Executive considered the exempt report (Agenda Item 13) which set out final recommendations with regard to the Council's senior management arrangements following two periods of internal consultation.

RESOLVED that the recommendations in the exempt report be agreed.

Other options considered: as detailed in the exempt report.

87.

Staffing Implications associated with savings put forward to deliver the 2017/18 Revenue Budget - Strand One: Approval to pay redundancy payments (EX3170)

(Paragraph 2 - information identifying an individual)

Purpose: To seek approval to make the redundancy payments set out in this report associated with savings to deliver the 2017/18 revenue budget.

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 this would cause the Council serious financial implications or could compromise the Council's position.

 

therefore it will be implemented immediately.

Minutes:

(Paragraph 2 - information relating to an individual)

The Executive considered an exempt report (Agenda Item 14) which sought approval to make the redundancy payments set out in the report associated with savings to deliver the 2017/18 revenue budget.

RESOLVED that the recommendations in the exempt report be agreed.

Other options considered: as detailed in the exempt report.