Agenda and minutes

Members and officers must declare any pecuniary or personal interest in any business on the agenda.  They should also make declarations at any stage such an interest becomes apparent during the meeting.  Consideration should be given to leaving the meeting if the nature of the interest warrants it.  If in doubt please contact Democratic Services before the meeting.

50.1     In accordance with the code of conduct, the following personal interest was declared: -

50.2     Cllr Waight in respect of item 6, End of December 2022 (Quarter 3) Quarterly Performance and Resources Report, as a member of Worthing Borough Council.

The Committee is asked to agree the minutes of the meeting held on 25 January 2023 (cream paper).

51.1     Resolved – that the Minutes of the meeting held on 25 January 2023 be approved as a correct record and that they be signed by the Chairman.

The Committee is asked to note the responses to recommendations made at previous meetings of the Committee.

52.1       Resolved – that the Committee notes the responses.

A report by the Chief Executive and Director of Finance and Support Services setting out the corporate performance, finance, workforce, risk and capital programme positions as at the end of December 2022.

The Committee is asked to examine the data and supporting commentary for the Performance and Resources report and make any recommendations for action to the relevant Cabinet Member or Scrutiny Committee.

53.1     The Committee considered the End of December 2022 (Quarter 3) Quarterly Performance and Resources Report from the Chief Executive and Director of Finance and Support Services summarising the positions of finance, performance, risk, and workforce (copy appended to the signed minutes).

53.2     Summary of responses to members’ comments and questions: -

·           The lifespan of pothole repairs can depend on ground conditions and whether or not they are urgent fixes – Action: Director of Place Services to provide more detail

·           The additional £4.5m in the Highways & Transport budget is for extra pressures in relation to drainage and pot holes, not Operation Watershed which has its own budget

·           Congestion on the A27 is the responsibility of National Highways but the Council recognise the issues in relation to emissions and the economy

·           Currently there is a statutory instrument in force allowing the Council to keep the Dedicated Schools Grant deficit off its balance sheet, however, if this provision is not extended, the Council will need to bring the deficit back onto the balance sheet which will have a significant impact on Council finances

·           Unused non-ring fenced Covid grant money can be carried forward

·           The Council is investing in children’s homes and doesn’t expect any to close

·           Pooled funds are long-term investments and are always likely to incur short-term losses

·           The relationship between slippage and underspend in the Capital Programme requires clarification – Action: Director of Finance and Support Services to provide clarification

·           The Capital Programme is funded scheme by scheme taking in to account grants for various individual schemes

·           The Council looks at the most cost-effective way to fund each capital project to allow flexibility - this may change over time

·           There are a lot of capital programme schemes in the Learning & Skills portfolio showing as red that aren’t mentioned in the summary - Action: Director of Finance and Support Services to rectify this in future reports

·           The boundary between maintenance as part of revenue and investment in new capital facilities as part of capital projects involving special educational needs was unclear - Action: Director of Finance and Support Services to provide clarification

·           Accelerated capital projects are schemes that have been brought forward - Action: Director of Finance and Support Services to clarify the difference between accelerated schemes and overspend in future reports

·           There was a query as to why the Capital Programme budget had been accelerated - Action: Director of Finance and Support Services report back to the Committee

·           Some revenue schemes can be funded by capital receipts

·           Explanation of a one-off base budget was sought - Action: Director of Finance and Support Services to provide explanation

·           All tenders for contracts worth over £500k must have at least 10% social value

·           A request was made for details of the properties for which a one-off backdated rates rebate of £600k was received - Action: Assistant Director (Property and Assets) to provide details

·           There was a query as to whether in-year staffing vacancies in the  ...  view the full minutes text for item 53.

A report by the Director of Place Services setting out the findings and recommendations of the Smarter Working Programme.

The report provides an update on the implementation of Smarter Working programme.

The Committee is asked to scrutinise the report and make any recommendations to the Cabinet Member for Support Services and Economic Development and the Director.

54.1     The Committee considered a report by the Director of Place of Services (copy appended to the signed minutes).

54.2     Summary of responses to members comments and questions: -

·           The Council’s IT/Digital Strategy will ensure that staff have the right IT equipment to work remotely - IT is recognised as a key enabler of the Smarter Working Programme

·           The Council has a duty of care for its staff  and recognises all points in relation to flexible working

·           Display Screen Equipment assessment checks are required to be carried out by staff at their home work stations

·           Council staff can work flexibly – this is now included in job adverts

·           Where staff live is no longer a barrier to employment and offers greater flexibility for both the Council and the employee. 100% remote working could be an option to consider in future

·           All information and formal decisions taken by the Council are recorded and kept for the requisite time regardless of the increase in remote/hybrid working

·           The Council was looking at options for Centenary House and Bridge House in Durrington

54.3     Resolved – that the Committee: -

                     i.        Is pleased with the progress of the Smarter Working Programme

                    ii.        Recognises IT as a key enabler of the Programme

                   iii.        Recognises that there are a number of components to smarter working and flexible working practices  which will all be considered when taking the programme forward

Extract from the Forward Plan dated 28 February 2023 – attached.

An extract from any Forward Plan relevant to the Committee’s portfolio published between the date of despatch of the agenda and the date of the meeting will be tabled at the meeting.

The Committee is asked to consider whether it wishes to enquire into any of the forthcoming decisions within its portfolio.

55.1     The Committee considered extracts of the Forward Plan of Key Decisions (copies appended to the signed minutes).

55.2     Resolved – That the Committee notes the Forward Plan of Key Decisions.

The Committee to review its draft work programme taking into consideration the checklist at Appendix A.

56.1     The Committee considered its Work Programme (copy appended to the signed minutes).

56.2     Resolved – That the Committee notes the Work Programme.

The next meeting of the Committee will be at 10.30am on 16 June 2023 at County Hall, Chichester.  Probable agenda items include:

·         End of March 2022 (Quarter 4/end of year) Quarterly Performance and Resources Report

·         Smartcore Project

·         2022/23 Scrutiny Annual Report

Any member wishing to place an item on the agenda for the meeting must notify the Director of Law and Assurance by 1 June 2023.

57.1     The next meeting of the Committee will be held on 16 June 2023 at 11.00am at County Hall, Chichester.

The Deputy Monitoring Officer has agreed to call-in the proposed decision by the Cabinet Member for Finance and Property concerning the Freehold Disposal of Marle Place, 171 Leylands Road, Burgess Hill, West Sussex, RH15 8HZ decision, published on the Executive Decision Database on 13 February 2023 and in the Members’ Bulletin on 15 February 2023.

The decision report asked the Cabinet Member for Finance and Property to agree:

1.   That the County Council disposes of its freehold estate at Marle Place, 171 Leylands Road, Burgess Hill, West Sussex, RH15 8HZ as set out in Annex 1 and

2.   Authority is delegated to the Director of Property and Assets in conjunction with the Director of Law and Assurance to conclude the terms of the sale with the purchaser.

The decision report by the Assistant Director of Property and Assets is attached as Annex 1 (Part I) and Appendix A (Part II).  The supplementary information report to the call-in is attached as Annex 2.

The call-in was initiated by Cllr Condie supported by Cllr Lord, Cllr Cherry and Cllr Milne.  The decision has not previously been previewed by the Performance and Finance Scrutiny Committee.

Cllr Condie has been invited to outline the reasons for the call-in request to the Committee.

Cllr Marshall, Leader, has been invited to address the Committee and answer questions.

58.1     The Committee considered the call-in of the proposed decision by the Cabinet Member for Finance and Property concerning the Freehold Disposal of Marle Place, 171 Leylands Road, Burgess Hill, West Sussex, RH15 8HZ published on the Executive Decision Database on 13 February 2023 and in the Members’ Bulletin on 15 February 2023.

58.2     The item was introduced by the call-in proposer, Cllr Condie, who gave the following reasons why he felt the decision should be changed: -

·         Community interests had not been adequately taken into account

·         There was no evidence or rationale in the County Council’s view that the community had shown no interest in the site as there was interest from community groups to acquire a strip of garden and an outbuilding that are part of the site

·         A request for the partial sale of the site was declined by the County Council even though the strip of garden and outbuilding were of little value and their sale would not delay the process

·         Community groups were told that they could bid for the whole site on the open market, but the cost was prohibitive to them

58.3     Cllr Marshall, Leader, gave the following initial response saying that: -

·         There had been a lot of correspondence with Cllr Condie since July 2022 on this matter

·         The local council did not want to buy the site

·         No community group had come forward to express interest in buying the site

58.4     Mr Edwards, Assistant Director (Property & Assets), added the following: -

·         The County Council had publicised that it was looking to dispose of the site

·         A number of visits to the site took place but when the costs and liabilities were understood potential bidders did not pursue the purchase

·         Burgess Hill Town Council was aware of the disposal and had visited the site

·         The County Council had looked at getting the best price from the sale of the site and found that if a small section was sold separately it would have a significant impact on the overall sale price therefore, in this case, it was felt that the best course of action was to dispose of the site as a whole

·         Local organisations could have asked for the site to be declared as a Community Asset Transfer, but none had

58.5     Summary of responses to members comments and questions: -

·         There was no restriction on the future use of the site, subject to planning permission

·         There was a view that the sale decision was the best option for the site and that it would raise funds that could be used on council services

·         The County Council had a priority in the Council Plan to help communities but a financial input was needed from community groups for matters that were not part of the Council’s statutory services

·         There had been consultation with community groups over the sale of the site since July 2022

·         The County Council had been approached by a number of organisations, but many did not understand the liability  ...  view the full minutes text for item 58.