Decisions

8.1        The Committee considered a report by the Director of Finance and Support Services on the Pension Advisory Board draft Business Plan and budget for 2021/22 (copy appended to the signed minutes).

8.2        Resolved – That the Business Plan and Budget for the Pension Advisory Board for 2021/22 be approved.

5.1        The Committee considered a report by the Director of Law and Assurance on a number of minor changes to the Constitution (copy appended to the signed minutes). The Senior Advisor, Democratic Services introduced the report and sought members’ comments on each section.

5.2        Some members were concerned about the proposals for streamlining Council processes summarised in paragraph 2.2 of the report. In relation to the minor change to emphasise the need for questions to avoid duplicating other parts of the agenda, members were reassured that the change was only to make the paragraph clearer and not to introduce a new restriction. The point was made that questions had become rather long with multiple parts and consideration could be given in due course to limiting them to a single question.

5.3        The other main concern raised by some members was in relation to the proposals for limiting the number of motions to be debated per meeting to two. Whilst there was general consensus that action was needed to rebalance the format of Council meetings as, in recent years, motions had been taking up too much of the agenda, there was disagreement over the best method to do so.

5.4        One suggestion put forward was that the decision on that aspect of the changes should be deferred to allow Group Leaders to discuss the format of Council meetings as a whole, including whether it would be preferable to move question time to the morning with motions being debated later in the day, thus avoiding the need for a limit on numbers of motions. Another option put forward was to add a time limit to motion debates rather than limiting the overall number. It was also suggested that if the full two hours was not available for question time at one meeting, question time could be first on the agenda at the next meeting.

5.5        Other members stressed that the decision as to which motions were debated at a meeting would be in consultation with Group Leaders at their regular meeting in preparation for the Council meeting. In addition, the Chairman had discretion to allow more than two motions. It was therefore felt that appropriate safeguards were in place to make sure the motions debated were those of most relevance to the County Council.

5.6        There was consensus that question time was an important part of the Council meeting and that changes were needed to try to ensure that the full two hours were available by rebalancing the agenda. There was also a need to ensure motions that were of most relevance to the Council were chosen for debate, whilst retaining the Chairman’s discretion.

5.7        It was proposed by Cllr Lord and seconded by Cllr O’Kelly that the proposed changes to written questions and motions in Standing Orders should be deferred pending further discussions on Council meetings more broadly between the Chairman and Group Leaders with a report being brought back to the September meeting of the Committee. The proposition was put the vote and was lost.

5.8        On paragraph 2.6 of the report, Good Governance Review developments and scrutiny committees, it was agreed that the first sentence of the paragraph describing the appointment of the chairmen of scrutiny committees on page 35 of Appendix 1 should be reworded for clarity prior to the recommendations being put to the County Council.

5.9        On paragraph 2.8 a query was raised about the wording in relation to Emergency Planning as part of areas of scope for scrutiny committees and the Senior Advisor said this would be clarified in the papers submitted to the Council for approval.

5.10     Concern was raised by the minority Group Leaders about the process for appointments to outside bodies where they had been unaware that they could submit nominations for consideration. It was proposed that the Member Development Group should be asked to consider this, to make sure that following the next election the appropriate guidance and information was available. It was agreed that the minority Group Leaders would also consider whether they could provide any nominations for the remaining outside body vacancies.

5.11     Resolved –

(1)         That the proposed changes to the Constitution set out in Appendix 1 to the report, subject to the further changes set out above, be endorsed for submission to the Council for approval on 16 July 2021;

(2)         That the proposed changes to the Constitution set out in Appendix 2 to the report be approved; and

(3)         That the Member Development Group be asked to consider how best to ensure that minority Group Leaders are aware of the option of putting forward nominations for outside body appointments following the four-yearly elections.

6.1        As the staff canteen on the County Hall campus has been closed, the Committee was asked to consider a report by the Director of Law and Assurance on whether alternative catering arrangements should be made for member meetings in future (copy appended to the signed minutes).

6.2        Overall members were supportive of the proposals in the report that hot drinks should continue to be made available for members through the existing coffee machines and that sandwich lunches should be provided on full Council days. One member suggested that members should claim on expenses rather than food being provided but it was noted that, due to the current subsistence rates, providing a sandwich lunch would be more cost effective.

6.3        Members were keen that Edes House should continue to be used for lunches on Council day where possible. It was felt important for members to have the chance to have a proper break during what was often a long day, particularly those members who had a long way to travel to get to the meeting. It was requested that lunches provided should include healthy options. The opportunity to network and get to know each other, particularly given the lack of contact since the election due to the restrictions of social distancing, was also important. It was however acknowledged that on occasions it might not be possible to use Edes House depending on the impact on civil ceremonies and use by the Coroner for inquests.

6.4        The Head of Democratic Services acknowledged the importance of networking for members and said that if Edes House were unavailable, then alternatives would be considered. Consideration would also be given to how best to provide healthy options for lunches.

6.5        Resolved –

(1)         That hot drinks continue to be made available to members through the existing coffee machines;

(2)         That sandwich lunches be provided on County Council meeting days and for other meetings when agreed by the Head of Democratic Services in consultation with that meeting’s chairman; and

(3)         That, where possible, lunches on full Council day be held in Edes House.

4.1        The Committee considered a report by the Director of Law and Assurance on a proposal that County Local Committees (CLCs) should be replaced by a more informal local community engagement forum for county councillors for recommendation to the County Council (copy appended to the signed minutes).

4.2        The Head of Democratic Services introduced the item and informed members that additional feedback had been received since the publication of the papers. Four members representing divisions in Mid Sussex had requested that the ability to hold sessions for parts of the district footprint to gain maximum community engagement should be retained. Responses had also been received from a further four parishes. Two parishes supported the proposals, one acknowledged the need for change and the fourth, a town council, voiced concerns about the move to a larger area and expressed a preference for in-person rather than virtual meetings.

4.3        The Head of Democratic Services said that the feedback received would be taken into account in the proposals for the new County Local Forums being drawn up for the pilot year. These would trial different mechanisms for different purposes, including workshops, with the aim of engaging as wide an audience as possible whilst ensuring a consistent approach across the county. The proposals would be brought to the Committee at its next meeting in September for consideration, including the purpose and objectives of the new forums so they could be assessed at the end of the pilot year.

4.4        In terms of future decisions on Traffic Regulation Orders (TROs), the Head of Democratic Services reassured members that, whilst decisions on TROs would revert to the Cabinet Member for Highways and Transport, there would continue to be engagement with communities and local members. A separate proposal from the Cabinet Member would be shared with all members in due course.

4.5        In general, members welcomed the move away from CLCs which it was felt had had their time, particularly following the removal of the Community Initiative Fund which used to be allocated by CLCs. Some members were however still concerned about the change to decision-making on TROs and requested that the scoring system in determining TROs should be made available so that local members could give feedback to the Cabinet Member before decisions were made. The fact that decisions by the Cabinet Member would be subject to call-in in the usual way was welcomed and members were reassured that the change would not undermine the process of consultation with local members and communities.

4.6        The proposed flexible approach to the new forums was welcomed as an opportunity for real engagement with local communities. It was felt that the inclusion of workshops in the pilot year would enable members, officers and the public to fully engage with an issue. Whilst the ‘Talk with Us’ sessions were valuable it was acknowledged that questions were often quite long, limiting the number of contributions.

4.7        In terms of format, whilst single sessions based on a borough or district footprint would work for more urban areas members felt there should be flexibility in larger districts with disparate population centres with the ability to choose the most suitable area, based on the topic under discussion. Some members felt that in-person sessions were preferable to virtual meetings when possible, particularly for more controversial subjects, as at virtual meetings it could be more difficult to gauge the reaction of attendees. It was however accepted that virtual meetings might work better in some instances, might reach a more diverse audience and had been shown over the last year to enable greater member attendance, particularly for those with work or family commitments.

4.8        With reference to paragraph 2.2 of the report, whilst it was accepted that there would be no need for a formal agenda or minutes under the new arrangements, members were keen to ensure transparency and a record of consensus. The Head of Democratic Services reassured the Committee that actions and outcomes would be recorded for each session but commented that there would also be an enhanced local member role.

4.9        The Director of Communities gave feedback on the first four locality sessions. She commented that combining local place-based induction for members following the election with a ‘Talk with Us’ session had not been ideal. She supported the need to allow for a mix of both local and more strategic sessions and the need to choose an appropriate format depending on the nature of the topics to be considered.

4.10     Resolved – That the County Council be recommended:

(1)         To remove County Local Committees from the Constitution and change decision-making arrangements for Traffic Regulation Orders and outside bodies with these returning to the Cabinet or Cabinet Member for Highways and Transport in consultation with local members;

(2)         To establish district/borough-based County Local Forums for councillors to engage with residents using the locality sessions being held in June and July 2021 as a model, to include ‘Talk With Us’ question and answer sessions with the public;

(3)         To review the arrangements by the end of March 2022, to determine future arrangements and resource requirements; and

(4)         That a report on the pilot arrangements be brought to the meeting of the Committee on 6 September 2021.

The meeting of the County Council on 16 July 2021 was held as an informal virtual meeting and therefore votes taken on those matters requiring decision were indicative only.

The Director of Law and Assurance, in consultation with the County Chairman and, where relevant, the Cabinet Member for Public Health and Wellbeing and the chairman of the Health and Adult Social Care Scrutiny Committee, has used his delegated powers under the urgent action procedure to take the decisions in accordance with the indicative votes.

The reports considered and the text of the motions debated are listed on the meeting webpage.

That the decisions set out in the attached letter be taken in accordance with indicative votes taken by the informal virtual meeting of the County Council on 16 July 2021.

The Halewick Lane Battery Storage project proposes the re-development of the previously derelict North Sompting Waste Management Site into an income generating battery storage project. In an earlier phase of work the site was cleared of derelict buildings and prepared for installation of the new infrastructure.

The Cabinet Member for Environment and Climate Change delegated authority to the Director of Environment and Public Protection to commence procurement for and to award a grid connection cabling contract. The procurement process has now concluded, and the Director will be asked to award the contract for the cabling works to join the Halewick Lane site to the Worthing grid.

The Director of Environment and Public Protection has awarded the contract for the Contestable Works, Phase 2 of the Halewick Lane Project for the sum of £2,643,202.79 to Green Frog Connect as a single supplier to start from 3 August 2021.

The County Council currently commissions Chichester College Group (CCG) and Greater Brighton Metropolitan College (GBMet) to deliver education provision for learners aged 14-16 whose needs are deemed better met by a more vocational curriculum.

Building on the success to date of this service in delivering improved outcomes for these learners, such that 88% of leavers are either attending college/other education or are in apprenticeships or employment, it is proposed to continue commissioning CCG and GBMet to offer this provision for a further 2 years.

(1)The Director of Education and Skills has approved the award of two 2 year contracts for the delivery of Alternative Provision for 14-16 year old learners to Chichester College Group and to Greater Brighton Metropolitan College both commencing in September 2021.

Due to the ongoing public health emergency the County Council has received a number of support packages from Central Government.  As funds are received the Council needs to determine arrangements to distribute, allocate or make other preparations for the appropriate use of funds received.

The relevant decision maker will be determined by the intended use of the allocated funds.  The Council may be required to comply with a number of conditions set out in the terms of the grant which may mean decisions need to be taken quickly due to the need to provide timely financial support related to the Covid-19 pandemic. Members will be consulted or advised of planned decisions with as much notice as can be provided.

The Director of Education and Skills has approved:-

(1)The award of Holiday Activities and Food (HAF) Programme summer grants to the organisations identified in Appendix A of the report up to a total value of £424,209.

(2)The allocation of further HAF funds to the anticipated value of £300,000 to organisations delivering services that meet the criteria of the grant set out in paragraph 1.7 to broaden the HAF summer offer and supplement any gaps identified at a local level, as set out in paragraph 2.6.

(3)The allocation of remaining HAF funds, currently estimated at £928,351 after completion of the summer programme, to enable the delivery of the Christmas programme and to cover the cost of the County Council administering the programme.

As part of a community led proposal to improve pedestrian safety and reduce traffic speeds in the local area, the community highlighted the requirement for a pedestrian crossing to improve pedestrian safety.

An initial design approximately 55m east of Hazelhurst Drive was put forward with a formal consultation held in September 2020.

Objections were received and this proposal was discussed at an informal meeting of the County Local Committee (CLC) in December 2020.  CLC members did not support the proposal and an urgent decision was taken to investigate a crossing location further to the east of the initial proposal to help alleviate some of the concerns raised by residents.

Following technical investigations, a revised proposal was designed, and a second public consultation held.  The proposal is supported by the local County Councillor Bob Lanzer and Sussex Police and therefore a signalised pedestrian crossing is proposed.

The Cabinet Member for Highways and Transport has approved the revised proposal for a signalised pedestrian crossing as advertised on 24 February 2021, under reference TRO/CRW8027/RC, as set out in section 2 of the report, with a view to completing construction before the end of the 2021/22 financial year.

The County Council has a statutory duty to provide sufficient primary and secondary school places for all children who need a place. As part of the secondary school curriculum, Physical Education is a core subject and suitable provision is required to ensure a wide range of sport can be offered to ensure children are given the best start in life.

Tanbridge House School in Horsham accommodates over 1500 pupils aged 11-16 and has a mix of indoor PE provision (sports hall, activity hall) and external provision (grass pitches, multi-use games area and All Weather Pitch (AWP)).

The existing sand dressed AWP has reached the end of its life and requires replacement due to the poor quality of the surface.

Section 106 funds in excess of the budget sought to replace the AWP have been received. The condition of the associated agreements is such that the funds can only be used on projects at Horsham Secondary Schools.

The Cabinet Member for Learning and Skills has:-

(1)Approved the allocation of £0.457m from received Section 106 funds to fund the replacement of the All Weather Pitch at Tanbridge House School in Horsham as detailed in paragraph 2.2 of the report; with previous expenditure the gross budget for this project totals £0.540m.

In August 2020 the decision Report ref: AH08 (20/21 was made to commence a procurement to commission supported living services. The decision included delegation of the authority to award contracts to the Interim Executive Director Adults and Health now the Executive Director of Adults and Health (DASS).

The proposal included commissioning services which would lead to a reduced number of people in hospital, residential beds and placed out of county; increased number of people in settled and ‘most suitable’ accommodation; and to avoid disruption for existing supported living customers.

The procurement has been delayed because of the pandemic, and a decision Report ref: OKD42 20/21 was subsequently taken in November 2020 to extend the current contract arrangements for 4 months until 31st July 2021 and revise the procurement timetable with anticipated commencement for the new commissioning arrangements from 1st August 2021.

In accordance with both decisions, the procurement has been undertaken and the Executive Director of Adults and Health will be asked to award the contracts to successful bidders in July 2021 prior to the commencement on 1st August 2021 of the new commissioned Framework Agreement for the provision of Supported Living Services (Mental Health, Autism or a Lifelong Disability).

Addendum to OKD09 21/22 (31/08/21): Since the publication of decision, OKD09 21/22 an addendum has been approved so that a system for operation of the Framework (including subsequent appointments to the Framework and awards of contract under the Framework, as described in the Addendum Report) is put in place. The text of decision report OKD09 21/22 should be read alongside the extended version of the report addendum to OKD09 Supported Living Report (additions in bold, black font italics) which contains the detail for onward contract award and the operation of the framework.

Following this Addendum, the final Recommendation reads:

The Executive Director Adults and Health is asked to approve that the Service Providers named in this report are awarded on to the Open (Pseudo) Framework Agreement and that a system for operation of the Framework (including subsequent appointments to the Framework and awards of contract under the Framework), is put in place. The Open (Pseudo) Framework Agreement will commence from 1^st August 2021 for an initial period of 4 years with the option to extend for a further 4 years. 

The Executive Director Adults and Health is asked to approve that the Service Providers named in this report are awarded on to the Open (Pseudo) Framework Agreement and that a system for operation of the Framework (including subsequent appointments to the Framework and awards of contract under the Framework, as described in this Report) is put in place.The Open (Pseudo) Framework Agreement will commence from 1^st August 2021 for an initial period of 4 years with the option to extend for a further 4 years. 

The County Council has a statutory duty to provide sufficient primary and secondary school places for all children who need a place.

Homes England has secured planning permission for a new 3500 home development on land known as the Northern Arc of Burgess Hill.  As part of the overall plan, a site for a new Secondary School has been provided to ensure sufficient secondary school places to serve the development. In addition, a financial contribution of £18m has been secured through a Section 106 Agreement to contribute towards the construction costs of the new school. 

All Year 7 places at local Secondary Schools are full for September 2021 and projections indicate a significant shortfall of secondary places in the area in future as the development is built out. A new Secondary School is therefore required to provide for both the increasing population in the area and the additional need generated by the development.

A feasibility study for building the new school has been commissioned through the County Council’s Multi-Disciplinary Consultant (MDC), Faithful+Gould Ltd. The school is proposed to open in September 2024; therefore following the conclusion of the feasibility study the detailed design phase will need to follow without delay.

The Secondary School will be designed to deliver against the County Council’s commitments as set out in the Climate Change Strategy.

The Cabinet Member for Learning and Skills has approved that £3.215m of Basic Need funds be allocated to enable a design to be progressed and submission of a planning application for a new Secondary School to serve the Burgess Hill Northern Arc and wider locality.